Wargin v. Wargin

This is an appeal from a judgment against a third party claimant in a proceeding to try title to personal property levied on under a writ of execution.

The defendant, Emil M. (Milan) Wargin, was in arrears in payments to his former wife, the plaintiff Esther Wargin, to the extent of $1,200 of the periodical sums awarded by a decree of divorce for the support of their minor child. On the plaintiff’s application a writ of execution issued and, on May 15, 1945, was levied on a Plymouth sedan automobile. Ida McCleary, mother of Ona Wargin, the defendant’s present wife, filed a verified third party…