Midway Five Oil Co. v. Citizens National Bank

This appeal is taken from a judgment entered in favor of the defendant and respondent and is presented on the judgment-roll alone.

From the facts found by the trial judge, it appears that one Henningsen was indebted to plaintiff in the sum of $1595.49; that in September, 1911, an action was commenced by the appellant herein against the said. Henningsen to secure a judgment on account of that indebtedness, and that on the fourth day of January, 1913, judgment was duly entered for the amount stated and thereafter execution was regularly issued; that after the commencement of the action referred to and before the entry of judgment, a writ of attachment was regularly issued and served upon the respondent herein; that respondent made answer to the garnishment, returning to the sheriff that it was not indebted to nor was it holding any properties or moneys of the said Henningsen. From the facts further found it appears that in August, 1911, Henningsen had owing to him from one Martin a sum. of money amounting to three thousand seven hundred dollars, evidenced by a promissory note; that this note was then in possession of respondent, and Henningsen instructed respondent to collect the…