CENTRAL NATIONAL BANK v. BROADVIEW SAVINGS AND LOAN COMPANY

No. 37833.

64 Ohio App. 2d 133 (1979)

CENTRAL NATIONAL BANK, APPELLEE, v. BROADVIEW SAVINGS AND LOAN COMPANY, APPELLANT.

Court of Appeals of Ohio, Cuyahoga County.

Decided May 17, 1979.


Attorney(s) appearing for the Case

Weltman, Roth, Strachan & Green Co., L.P.A., and Mr. Alan H. Weinberg, for appellee.

Messrs. Csank, Csank & Coaxum and Mr. George S. Coakley, for appellant.


PARRINO, P. J.

This is an appeal by the defendant of a judgment entered for plaintiff in the Cleveland Municipal Court. There are two issues presented for our review: (1) Whether a garnishee in a collateral proceeding may attack the sufficiency of an affidavit filed in the original action against the debtor and (2) whether funds held in escrow are subject to prejudgment attachment. We reverse.

On February 13, 1976, appellee Central National Bank filed a lawsuit...

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