Security Savings & Commercial Bank v. Aukam
Security Savings & Commercial Bank v. Aukam
Opinion of the Court
Appellant, as plaintiff in the Municipal Court of the District of Columbia, secured a judgment against Jerome Eluto and Lizzie Eluto. Thereafter, an attachment with interrogatories was served upon the garnishee, Jacobs. Jacobs answered three interrogatories and did not answer two others. Appellant, thereupon, presented the garnishment and answers to appellee, one of the judges of the Municipal Court, who refused appellant’s demand that a judgment of condemnation be entered against Jacobs. Appellant then complained in the District Court against appellee and requested that court to direct appellee to grant judgment of condemnation against the garnishee. The District Court properly granted appellee’s motion to dismiss the complaint.
The District of Columbia Code provides that “if the garnishee shall have failed to answer the interrogatories served on him, or to appear and show cause why a judgment of condemnation should not be entered, such judgment shall be entered against him for the whole amount * * • *.”
Affirmed.
D.C.Code (1929) tit. 24, § 295.
68 App.D.C. 69, 93 F.2d 228, certiorari denied 302 U.S. 764, 58 S.Ct. 410, 82 L.Ed. 593.
D.C.Code (1929) tit. 18, § 29.
Reference
- Full Case Name
- SECURITY SAVINGS & COMMERCIAL BANK v. AUKAM, Municipal Court Judge
- Status
- Published