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BEEHIVE STATE BANK v. ROSQUIST

No. 11053.

439 P.2d 468 (1968)

21 Utah 2d 17

BEEHIVE STATE BANK, a corporation, Plaintiff and Appellant, v. Deon ROSQUIST et al., Defendants, First Security Bank of Utah, N.A., a corporation, Garnishee, Fred L. Painter, Intervenor and Respondent.

Supreme Court of Utah.

April 4, 1968.

Attorney(s) appearing for the Case

Robert M. Anderson, Stephen D. Swindle, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for appellant.

Will L. Hoyt, Nephi, for defendants.

L. Ridd Larsen, of Ray, Quinney & Nebeker, Salt Lake City, for garnishee.

ELLETT, Justice.

The Beehive State Bank was a judgment creditor of Ila R. Painter, and during her lifetime it attached a joint checking account standing in the names of Ila R. Painter and Fred L. Painter, her husband. Upon the death of Ila, her personal representative was substituted as a defendant in the case. The respondent, Fred L. Painter, intervened and moved the court to release the funds from garnishment. In support thereof he filed an affidavit wherein he...

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