ENRIGHT v. LEHMANN

No. A06-347.

735 N.W.2d 326 (2007)

Ronald ENRIGHT, as attorney-in-fact for S.E., et al., Respondents, v. Robert H. LEHMANN, Appellant, Lehmann Engineering, Inc., Defendant.

Supreme Court of Minnesota.

July 19, 2007.


Attorney(s) appearing for the Case

Carol S. Cooper, C.S. Cooper Law Firm, Ltd., Farmington, MN, for Appellant.

Robert J. Bruno, Robert J. Bruno, Ltd., Burnsville, MN, for Respondent.

Associated Bank, Burnsville, MN, for Associated Bank.

Eric J. Magnuson, Diane B. Bratvold, Minneapolis, MN, for Amicus Probate and Trust Section of MSBA.

Heard, considered, and decided by the court en banc.


OPINION

ANDERSON, G. BARRY, Justice.

Appellant challenges the garnishment of funds deposited by his wife in their joint bank account to satisfy a judgment entered against him. The district court and court of appeals, relying on Park Enterprises v. Trach, 233 Minn. 467, 47 N.W.2d 194 (1951), held that all funds in a joint account, regardless of the identity of the contributor, may be garnished to satisfy the debt...

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