SERVI-CLEAN INDUSTRIES, INC. v. McCARTHY

No. 5426.

295 So.2d 525 (1974)

SERVI-CLEAN INDUSTRIES, INC. v. E. J. McCARTHY, Sr. and E. J. McCarthy Construction Company, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 18, 1974.

Writ Refused September 13, 1974.


Attorney(s) appearing for the Case

Joseph W. Nelkin, New Orleans, for plaintiff-appellant.

Carr & Kollin (Patrick E. Carr) Metairie, for garnishee-appellee.

Before REDMANN, LEMMON and BAILES, JJ.


LEMMON, Judge.

This appeal asks whether under the circumstances of this case a garnishee had "in his possession property belonging to the judgment debtor" within the contemplation of C.C.P. art. 2415. We affirm the trial court's ruling that the funds were not in the possession of the garnishee and therefore were not seized by service of plaintiff's garnishment under C.C.P. art. 2411.

The garnishee had bought a hotel from the judgment debtor, for a certain...

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