Bernath v. Kolosky
Supreme Court of Oklahoma
Error from Superior Court, Muskogee County; Guy' E. Nelson, Judge. Action toy D. M. Bernath and Harry Marco-vitz, partners, doing, 'business as Marcovitz Bros., with garnishment against Ike Kolosky and others. Judgment toy default against garnishees was set aside, and plaintiffs bring error.
1Opinion of the CourtKane, J.
This is an appeal from the action of. the trial court in sustaining a motion to set aside a judgment rendered against the defendants in error herein as garnishees.
It seems that after the plaintiffs in error recovered a judgment against the defendants in the, principal action and an execution was returned nnsatisfied, they filed an affidavit in garnishment wherein they alleged that the defendants in error herein “are indebted to said judgment debtors”. Upon this affidavit toeing filed a garnishment order was issued and served upon the garnishees, who thereafter, in due time, filed their…
2Cited by6 opinions
- Seal v. BanesSupreme Court of Oklahoma · 1934
- Cubbison v. CubbisonArizona Supreme Court · 1935
- Pine v. DavisSupreme Court of Oklahoma · 1944
- Henry v. Drennen Motor Car Co.Supreme Court of Alabama · 1938
- Fast v. ScruggsSupreme Court of Oklahoma · 1933
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