FIRST NAT. BANK OF CARROLLTON v. McCLURE

No. WD 34177.

666 S.W.2d 434 (1983)

FIRST NATIONAL BANK OF CAROLLTON, Plaintiff-Appellant, v. R.W. McCLURE and Mary Louis McClure, Defendants-Respondents, and Bank of Waverly, Intervenor-Respondent.

Missouri Court of Appeals, Western District.

As Modified February 28, 1984.


Attorney(s) appearing for the Case

J. Kirk Rahm of Rahm & Rahm, Carrollton, for plaintiff-appellant.

A. Howard Chamberlin of Rea, Chamberlin & Russell, Kansas City, and Robert A. Bryant of Franken, Bryant & Franken, Carrollton, for intervenor-respondent.

Before MANFORD, P.J., and CLARK and KENNEDY, JJ.


MANFORD, Judge.

This is a civil action wherein respondent Bank of Waverly, as intervenor, seeks a declaration that garnished sales proceeds were subject to respondent's security interest. This case was heard by a special judge as per an order of the Missouri Supreme Court. Judgment reversed and the cause remanded.

Appellant presents multiple points, charging that the trial court erred in its judgment to the favor of respondent. Because of the disposition of...

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