Sadler v. Wagner

The issue raised in this petition for a writ of certiorari is whether a plaintiff who has obtained a judgment against the administratrix of the decedents’ estates, for a tort of the decedents, can garnish the administratrix.

Petitioner Opal E. Wagner, the administratrix of the Pittengers’ estates, contends that an administrator, who in essence is the decedent in a representative capacity, cannot be garnished when the plaintiff has a judgment against the decedents’ estates, since as a general rule only third persons and not the judgment defendants are subject to garnishment. We agree.

Plaintiff-r…