OWYHEE, INC. v. ROBBINS MARCO POLO

No. 10162.

17 Utah 2d 181 (1965)

407 P.2d 565

OWYHEE, INC., A CORPORATION, PLAINTIFF, GARNISHEE PLAINTIFF AND APPELLANT, v. ROBBINS MARCO POLO, AKA AND DBA ROBBINS MARK-O-POLO, A CORPORATION, AND ROBBINS TRAVEL INTERNATIONAL, INC., A CORPORATION, DEFENDANTS AND JUDGMENT DEBTORS, v. DWIGHT G. LUMAN, GARNISHEE DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

November 5, 1965.


Attorney(s) appearing for the Case

Kent Shearer, Neslen & Mock, Salt Lake City, for appellant.

Critchlow, Watson & Warnock, Ned Warnock, Salt Lake City, for respondent.


CROCKETT, Justice:

Plaintiff, Owyhee, Inc., challenges a ruling of the trial court that it was not entitled to recover on a garnishment against the garnishee defendant, Dwight G. Luman.

Owyhee, Inc., sued and obtained judgment against the defendant, Robbins Travel International, Inc. (hereinafter referred to as Robbins, Inc.). Thereafter it issued a garnishment against Luman, contending that he had money belonging to Robbins, Inc. This was based upon the claim...

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