Duncan

The Dunn-Williams Company, a copartnership consisting of W. F. Dunn and J. A. Williams and one John A. Cleeak, the original plaintiffs in this action, had claims against the defendant based upon two written undertakings executed by the defendant in an action in which said three original plaintiffs were parties. They instituted this action to recover on said undertakings. Thereafter and before judgment said John A. Cleeak assigned all his interest in said claims to his two coplaintiffs. A default judgment was subsequently rendered against the defendant in this action which was set aside by the trial court, and the plaintiffs appealed. Pending the appeal, the said John A. Cleeak assigned to his two coplaintiffs all his interest in and to said judgment. The District Court of Appeal reversed the order setting aside the default judgment. Thereafter and before the return of the remittitur, Mrs. Nancy B. Fitzgerald, a judgment creditor and the former wife of said John A. Cleeak, had an execution issued upon a judgment in her favor and against said John A. Cleeak, and placed in the hands of the sheriff who levied upon the defendant in an attempt to garnishee any money in the defendant’s…