Cover v. Scott

This case comes here on motion for summary judgment'and the question involved is whether a'genuine issue of fact exists requiring a trial on the merits, .The *586district court, based upon the pleadings and the affidavits filed, sustained plaintiff’s motion for summary judgment and dismissed the action. We reverse the judgment of the district court.

Plaintiff Noel Cover recovered a personal judgment against defendant Ralph K. Scott on January 13, 1968. On February 8, 1968, plaintiff instituted this garnishment proceeding against the account of Valley Produce Company deposited in the Scottsbluff…