101 Ky. 190 | Ky. Ct. App. | 1897
delivered the opinion, oj? the court.
The appellant, Redwine, sued H. C. Underwood in the circuit court of -Jefferson county, common pleas division, o'n a claim amounting to the sum of $-375. Underwood being a non-resident, a warning order was made by the clerk, and attachment sued out, and the Louisville & Nashville Railroad Company was served as garnishee. The said company admitted being indebted to the defendant in the sum of $171. The petition was filed on the 30th day of July, 1891, and on the same day the warning order was made by the clerk, and the attachment issued and served on the 7th day of August, 1891. The defendant, H. C. Underwood, sold and assigned all his claim against said Louisville & Nashville Railroad Company to his brother, Z. T. Underwood, and received therefor a sum equal to the amount so transferred. After the answer of the railroad company, Z. T. Underwood filed his petition in said suit, claiming the attached funds by virtue of his purchase, and filed the written, assignment of H. C. Underwood to him. Both H. C. and Z. T. Underwood knew at the time the assignment was made that the garnishee had been executed on the proper officer of the company. The circuit court adjudged that appellee was entitled to the money, and from this judgment appellant Redwine has
The judgment of the lower court is affirmed.