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TOM HOULIHAN MEN'S WEAR v. WILKERSON

No. 32266.

407 S.W.2d 58 (1966)

TOM HOULIHAN MEN'S WEAR, a Corporation, Plaintiff-Respondent, v. John WILKERSON, Defendant, American National Insurance Company, a Corporation, Garnishee Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

September 20, 1966.

Attorney(s) appearing for the Case

Hocker, Goodwin & MacGreevy and Edward K. Fehlig, St. Louis, for appellant.

Arthur Litz, St. Louis, for respondent.

CLEMENS, Commissioner.

This is a garnishment action against the defendant's employer in aid of execution. The decisive issue is whether the employer is liable as garnishee when it had already paid its employee more money than he had earned. The trial court gave plaintiff a judgment against the employer-garnishee, and it appeals. The case was tried without a jury on these stipulated facts:

The plaintiff had gotten a $150 consent judgment on its account against...

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