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COLON v. MARZEC

Gen. No. 53,174.

116 Ill. App.2d 278 (1969)

253 N.E.2d 544

Angelo Colon, a Minor, by Jose Colon, His Father and Next Friend, Plaintiff-Appellee, v. Maryanna Marzec, Defendant. Appeal of Reliance Insurance Company, Garnishee-Defendant-Appellant.

Appellate Court of Illinois — First District, Fourth Division.

November 5, 1969.

Attorney(s) appearing for the Case

Jerome M. Brooks, of Chicago, for appellant.

Howard and Decker, of Chicago (David A. Decker, of counsel), for appellee.

MR. JUSTICE LEIGHTON delivered the opinion of the court.

By a garnishment suit, Angelo Colon, plaintiff, obtained a $20,000 judgment against Reliance Insurance Company, garnishee. In this appeal, the contention is made that the garnishment was premature because the underlying judgment was on appeal; and that justice will not be served if the garnishment is collected while appeal from the underlying judgment is pending. The

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