Goldstein Bros. v. Brown

Goldstein Brothers obtained a judgment against Brown and bad summons of garnishment issued thereon and served on the La-Grange Banking and Trust Company. The garnishee answered that it held a certain sum due the defendant. There was no traverse to the answer. A claim to the fund was filed, and, when the claim case was called, neither the plaintiffs nor their counsel were present; the claimant introduced evidence, and took a verdict finding the property “ not subject.” Held-.

1. This was unauthorized by law. When a claim is filed and at the hearing neither the plaintiff nor counsel representing…