98 P.2d 289 | Colo. | 1940
THIS is the second time this cause has been before this court. In Fisher v. Norman Apartments,
There are numerous assignments of errors. The substance of all of them is embodied in the ninth, which is as follows:
"9. The Court erred in proceeding summarily in the entering of said judgments, without a trial, after the said decision and opinion of this Court, and in construing the said opinion and decision as though this Court had ordered the Court below to reverse its former judgment, in favor of plaintiffs in error, and to enter judgments against them without any further trial."
[1, 2] We did not directly order that judgment for the garnishor be summarily entered. The court properly construed the former opinion as entitling the garnishor creditor to recourse on all the funds in the bank's hands for the payment of his debt in the absence of any showing other than was made in the original case. The supplemental answer sought to be filed was based on an order of the bankruptcy court that, as we have pointed out, was before us when our first decision was rendered. That its effect was to relieve the garnishees of the obligation to pay to anyone other than the trustee for the first bondholders was urged upon us and we were of the opinion that it did not. The supplemental answer tendered, raised no new issue, and for this reason the filing of it properly being denied, there was nothing additional before the court. Under such circumstances the entry of the usual judgment where garnishment is sustained was proper.
Judgment affirmed.
MR. JUSTICE FRANCIS E. BOUCK dissents. *366