Erb-Kidder, Co. v. Levy

Plaintiff sued defendant Jacob J. Levy and obtained a judgment in tbe circuit court.

December 30, 1930, plaintiff sued out a writ of garnishment against the Kroger Grocery & Baking Company, a tenant of Levy, to reach a monthly instalment of rent, payable in advance on January 1, 1931. January 30, 1931, a second writ of garnishment was sued out to reach the rent payable in advance on February 1st. February 4, 1931, defendant Levy moved to quash the writs alleging,

“That each of said jvrits of garnishment was served before there was any money due the principal defendant from the garnishee…