(Download) "Rocky Mountain Packing Co. v. Branney" by Supreme Court of Wyoming * eBook PDF Kindle ePub Free
eBook details
- Title: Rocky Mountain Packing Co. v. Branney
- Author : Supreme Court of Wyoming
- Release Date : January 10, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
On October 16, 1962, appellee, Frances Branney, commenced an action in conversion for damages in the sum of $1,000.00 against the defendants, V.J. Simms and Bonita W. Simms, hereinafter identified as "debtors"; and on the same day, charging that debtors had absconded with intent to defraud creditors, caused a writ of attachment to issue out of the district court accompanied by a notice of garnishment to the Wyoming National Bank, Casper, Wyoming. Service of the writ and notice was made on the same day, and on October 24, 1962, garnishee answered that it had in its possession and under its control the sum of $998.07 belonging to debtors. In the meantime, on October 19, 1962, appellant Rocky Mountain Packing Co., Inc., another creditor of debtors, commenced an action on an open account against debtors and also caused a writ of attachment and notice of garnishment to be served on the Wyoming National Bank. Following this, appellant filed its application to intervene in appellees action. In essence, the pleading of appellant as a result of its garnishment alleged a lien upon the funds in the hands of the garnishee; alleged that appellees action was wholly without merit; alleged that it was a mere fraudulent pretense to acquire funds belonging to the debtors; and by its proffered answer prayed that appellees attachment and garnishment be voided. Appellee denied the charges of appellant and asked that appellants application to intervene be denied. Thereupon the trial court proceeded to hear the matter and by order to which further reference will be made, granted the intervention.