BRISCOE v. GETTO

No. 45,477

204 Kan. 254 (1969)

462 P.2d 127

JAMES B. BRISCOE and SUSAN BRISCOE, husband and wife, Appellants, v. RICHARD GETTO and PATRICIA A. GETTO, husband and wife, Appellees, and B.J. KINGDON, Garnishee-Appellee.

Supreme Court of Kansas.

Opinion filed December 6, 1969.


Attorney(s) appearing for the Case

John S. Seeber, of Wichita, argued the cause, and Mark H. Adams, Charles E. Jones, Wm. I. Robinson, J. Ashford Manka, Clifford L. Malone, Mark H. Adams, II, Floyd E. Jensen, Philip L. Bowman, Robert Hall, Donald W. Bostwick, all of Wichita, and Joe Rolston, of counsel, were with him on the brief for the appellants.

Richard I. Stephenson, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson, David W. Buxton, John T. Conlee, John Prather, John E. Matson and Douglas D. Johnson, all of Wichita, and Hugo T. Wedell and Homer V. Gooing, of counsel, were with him on the brief for the garnishee-appellee.


The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from an order overruling a motion for judgment against a non-answering garnishee because of improper service of the order of garnishment.

The facts are not in dispute. The appellants, J.B. Briscoe and his wife, obtained a money judgment against the defendants, Richard Getto and his wife. Richard Getto was an employee of B.J. Kingdon, an architect with offices on the third floor...

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