Schapiro

This appeal is from a judgment on the pleadings in an action against a garnishee. The following facts alleged in the complaint are not traversed by the answer: That on June 24, 1925, the plaintiff commenced an action against one Kathryn Hilliker for the recovery of $1100 and garnisheed all moneys in the hands of the defendant herein due from him to said Kathryn Hilliker; that on August 28, 1925, appellant answered the garnishment by stating that he was indebted to Kathryn Hilliker in the sum of $5,800; that on March 19, 1926, “upon stipulation and by order of the court all moneys over and above the sum of $1,500 was [sic] released from said attachment, and the said sum of $1,500 remained in the hands of said defendant subject to said attachment”; that on October 15, 1926, a judgment was entered in favor of plaintiff and against Kathryn Hilliker in the aggregate sum of $1130.70, and that thereafter $200 was collected by the sheriff on a levy and applied to the partial satisfaction of the judgment. It is next alleged that the sheriff “has returned the judgment unsatisfied as to the unpaid balance thereof-to-wit, the sum of $930.70,” and that subsequent to the levy above referred to…