RUSSELL M. MILLER COMPANY v. GIVAN

No. 8773.

7 Utah 2d 380 (1958)

325 P.2d 908

RUSSELL M. MILLER COMPANY, PLAINTIFF AND APPELLANT, v. B.T. GIVAN, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

May 20, 1958.


Attorney(s) appearing for the Case

Cotro-Manes & Cotro-Manes, Salt Lake City, for appellant.

C. Richard Henriksen, Salt Lake City, for respondent.


CROCKETT, Justice.

Plaintiff, Russell M. Miller Company, had a judgment for $4,327.82 against the defendant, B.T. Givan, upon which it caused execution and garnishment in aid thereof to be issued and served upon First Security Bank. The bank answered that Givan had on deposit $865.41, which, pursuant to garnishee judgment, the sheriff proceeded to collect.

Givan filed an affidavit claiming one-half of the fund under 78-23-1(7) U.C.A. 1953, which makes exempt...

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