ANDERSON v. SMITH

No. 2021.

137 A.2d 715 (1958)

E. L. ANDERSON, Garnishee, Appellant, v. William B. SMITH, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided January 14, 1958.


Attorney(s) appearing for the Case

W. Byron Sorrell, Washington, D. C., with whom Cullen B. Jones, Jr., Gerard P. Fleischut and Bernard J. Hammett, Washington, D. C., were on the brief, for appellant.

Charles B. Sullivan, Jr., Washington, D. C., for appellee.

Before ROVER, Chief Judge, HOOD, Associate Judge, and CAYTON (Chief Judge, Retired) sitting by designation under Code, § 11-776(b).


ROVER, Chief Judge.

This case involves the question whether appellee, as an attaching creditor, was entitled to a judgment of condemnation against funds in the hands of appellant, as garnishee. This is the second time the matter has been before us. In the earlier case the trial court had refused to grant the judgment; plaintiff then brought the case here on appeal. In deciding that appeal we noted that the garnishee contended he was a trustee of the funds, and that...

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