Town Finance & Thrift Corp. v. Franklin Life Insurance

Gardner, Presiding Judge.

The question to be determined is whether or not the judgment dated April 10, 1958, wherein the court sustained the motion of the plaintiff in execution to strike the traverse to the writ and sustain the garnishee’s motion to set aside and vacate the judgment of March 4, 1958, was a correct judgment.

Counsel for the plaintiff in execution contend that the attack made by the defendant in execution was in the nature of an affidavit of illegality, while counsel for the defendant in execution contend that a proper traverse of the return of service was made. We have studied…