Opinion
Gen. No. 40,606. (Abstract of Decision.)
Opinion filed December 27, 1939.
GARNISHMENT, § 117 — garnishee's obligation as joint, insufficiency of evidence to show. Where garnishee averred in its answer that it had a check payable jointly to judgment debtor and another, which check was issued in payment of a judgment against garnishee in favor of judgment debtor, lower court erred in discharging garnishee because check was payable jointly, where there was no evidence that the judgment upon which check was based was joint, nor did garnishee allege that it was a joint judgment.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. JAY A. SCHILLER, presiding. Judgment reversed and cause remanded. Heard in second division, first district, at February term, 1939; opinion filed December 27, 1939.
Clarence W. Shaver, for appellant; Louis E. Levinson, of counsel;
Robertson, Crowe Spence, for appellee; Eugene P. Kealy, of counsel.
"Not to be published in full."