#### Max Weinberg for use of Frank A. Flavin, Defendant in Error, v. J. Krueger and Anna E. Krueger, Plaintiffs in Error.

Gen. No. 18,467.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Edward A. Dicker, Judge, presiding.

Heard in this court at the October term, 1912.

Reversed and remanded.

Opinion filed February 2, 1914.

Statement of the Case.

Action by Max Weinberg for the use of Frank A. Flavin against J. Krueger and Anna E. Krueger in garnishment upon- a judgment secured by Flavin against Weinberg for $42.21. Judgment was recovered against defendants jointly in favor of Weinberg as the nominal and Flavin as the beneficial plaintiff for $50.41. To reverse the judgment, defendants prosecuted a writ of error.

Beauregard F. Moseley, for plaintiffs in error.

Blum, Wolfsohn & Bacon, for defendant in error.

*104Abstract of the Decision.

Garnishment, § 118 * —when judgment against joint defendants erroneous. A judgment against- a husband and wife jointly in a garnishment proceeding, held erroneous and reversible as to both defendants where the record shows no evidence connecting the wife with the indebtedness to the nominal plaintiff.

*

See Illinois Notes Digest, Yols. XI to XV, same topic and section number.

Mr. Justice Brown

delivered the opinion of the court.