PAINTER CARPET MILLS, INC. v. SIGNET CARPET COMPANY

No. 30852.

457 F.2d 536 (1972)

PAINTER CARPET MILLS, INC., Plaintiff-Appellant, v. SIGNET CARPET COMPANY, Inc., Defendant, Mr. Howard E. Ross, Sr., Garnishee-Appellee.

United States Court of Appeals, Fifth Circuit.

March 24, 1972.


Attorney(s) appearing for the Case

Nolan B. Harmon, Atlanta, Ga., for plaintiff-appellant.

Pittman & Kinney, Dalton, Ga., for garnishee-appellee.

Before TUTTLE, WISDOM and INGRAHAM, Circuit Judges.


TUTTLE, Circuit Judge:

Painter Carpet Mills, Inc. appeals from a judgment in favor of the garnishee, Howard E. Ross, which followed a determination by the trial court on "undisputed facts" that at the time of the service of summons of garnishment on Ross he was not indebted to the defendant debtor against which Painter had obtained a default judgment for $10,577.70 in the main action.

In 1967 Ross was president, a...

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