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HIGGINS v. SIMMONS

No. 8718DC830.

365 S.E.2d 187 (1988)

Larry HIGGINS v. Samuel David SIMMONS and Greensboro National Bank, Garnishee.

Court of Appeals of North Carolina.

March 1, 1988.

Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis, James & Harkavy by Marion G. Follin, III, Greensboro, for plaintiff-appellee.

Barbee & Johnson by Ronald Barbee, Greensboro, for garnishee-appellant.

BECTON, Judge.

This appeal arises from an attachment and garnishment proceeding instituted by plaintiff, Larry Higgins, against Greensboro National Bank (GNB), as garnishee, to satisfy a debt owed to Higgins by defendant, Samuel David Simmons, from funds of Simmons which were allegedly on deposit at GNB. From a final judgment in favor of Higgins against GNB in the amount of $4,200.00 with interest and costs, GNB appeals. We conclude that, due to the insufficiency...

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