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LYNN v. VILLAGE OF WEST CITY

No. 75-346.

36 Ill. App.3d 561 (1976)

345 N.E.2d 172

JEANINE LYNN, Plaintiff-Appellee, v. THE VILLAGE OF WEST CITY, Defendant. — (THOMAS JEFFERSON INDEMNITY COMPANY, Garnishee-Appellant.)

Appellate Court of Illinois — Fifth District.

Opinion filed March 12, 1976.

Attorney(s) appearing for the Case

Lawrence E. Johnson and Associates, of Champaign (L. Keith Hays, Jr., of counsel), for appellant.

Elmer Jenkins and Jeff Troutt, both of Benton, for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE KARNS delivered the opinion of the court:

Appellant-garnishee, Thomas Jefferson Indemnity Company, appeals from a judgment in the amount of $5,300 in favor of plaintiff-garnisher, Jeanine Lynn, after a bench trial in Franklin County. The suit arose after plaintiff had obtained a default judgment against defendant, Village of West City, from which no appeal was taken.

Two issues are presented for review:...

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