Satanta State Bank v. McNabney

Citations

• 109 Kan. 69
• 197 P. 879
• 1921 Kan. LEXIS 78

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Garnishment — Earnings of a Threshing Outfit — Threshing Outfit Taken Over by Employee- — -Earnings Not Gcurnishable as Property of Owner of Threshing Outfit. A thresherman who had fallen behind in the payment of wages to his threshing crew made an arrangement with one Rinehart, a member of the crew, to take over the threshing outfit for a time for the purpose of earning money with it to pay himself and his coemployees their wages due and to become due. The owner temporarily retired from its operation and control. Pursuant to this arrangement Rinehart and the other employees did some threshing for several farmers, and the plaintiff, another creditor of the thresherman, garnished the accounts for threshing done for them. Held, that the accounts thus earned by Rinehart and the threshing crew could not be garnished to pay the plaintiff’s claim against the owner of the threshing machine.</p> <p>2. Same — No Error in Record. Other errors assigned on demurrer to interplea, insufficiency of evidence, instructions given, and other minor matters examined, and not sustained.</p>