Mathews v. Cleveland

Carley, Judge.

J. Steven Cheatwood, as attorney at law for Jessie M. Cleveland d/b/a Saniway Distributors Service, the named plaintiff, filed an affidavit of garnishment based upon a judgment obtained against the appellants by Cleveland. The garnishee answered and paid its indebtedness to appellants into the registry of court. Appellants traversed the affidavit of garnishment, alleging that Cleveland had died several months before the affidavit had been filed in his name and that the garnishment action was, therefore, void. Appellants prayed that the case be dismissed and the funds be paid to…