NORTHWESTERN NAT. BANK, ETC. v. Hilton & Associates

Rogosheske, Justice.

The single issue presented by this case is whether an unliquidated tort claim is subject to garnishment.

Plaintiff commenced an action against defendants on two claims, the first on two promissory notes and the second for conversion of accounts receivable assigned as security therefor. At the same time, plaintiff commenced garnishment proceedings against the garnishees. Both garnishees disclosed nothing due and owing from them to defendants.

Plaintiff then moved the court for leave to serve and file a supplemental complaint to make both garnishees parties to the main action,…