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MILLER v. CLAYCO STATE BANK

No. 56,790

10 Kan. App. 2d 659 (1985)

708 P.2d 997

DESMA M. MILLER, Plaintiff/Appellant, v. CLAYCO STATE BANK, Defendant/Third-Party Plaintiff/Appellee, v. INDUSTRIAL STATE BANK, Third-Party Defendant/Appellee.

Court of Appeals of Kansas.

Petition for review denied December 19, 1985.

Attorney(s) appearing for the Case

George H. Barr, of Kansas City, Missouri, and James M. Sheeley, of Kansas City, for the appellant.

Jeanne Gorman Rau and David L. Skidgel, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, for the appellee Clayco State Bank.

John J. Gardner, of Watson, Ess, Marshall & Enggas, of Olathe, for the appellee Industrial State Bank.

Before SWINEHART, P.J., MEYER, J., and HARRY G. MILLER, District Judge Retired, assigned.

MILLER, J.:

The plaintiff, Desma Miller, has appealed from a judgment of the trial court denying her recovery on her claim for wrongful garnishment. At issue is the propriety of a garnishment of joint bank accounts in which the garnished debtor, although named as a cotenant, owned no actual interest in the accounts.

The facts giving rise to the lawsuit are not disputed. Desma Miller is a seventy-five-year-old widow who resided in Arizona most of the year for...

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