STATE EX REL. BENACH v. HEFFERNAN


71 So.2d 745 (1954)

STATE ex rel. BENACH et ux. v. HEFFERNAN, Judge.

Supreme Court of Florida. Division A.

Rehearing Denied April 27, 1954.


Attorney(s) appearing for the Case

Charles H. Greenburg, Miami, for appellant.

Blackwell, Walker & Gray, Miami, for appellee.


TERRELL, Justice.

In a breach of contract action, Joseph Benach and his wife, plaintiffs, recovered a judgment against Allied Van Lines, Inc., in the Civil Court of Record of Dade County. No answer was filed to the complaint as required by the rules so the judgment was by default, on which the final judgment was duly entered. On July 29, 1952, plaintiffs secured a writ of garnishment in aid of enforcing the final judgment. Defendants promptly moved to set aside the...

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