R. B. General Trucking v. Auto Parts

On November 29, 1956, R. B. General Trucking, Inc., a Wisconsin corporation, brought action against Auto Parts & Service,
Inc. and Milwaukee County asking in substance that Auto Parts be enjoined from taking steps to collect a judgment from R.
B. General Trucking, Inc. and that the county be restrained from paying out funds in its possession belonging to R. B. General
Trucking, Inc. Pursuant to stipulation the action was later dismissed as to the county. The gist of the complaint was that Auto Parts had endeavored to collect out of assets belonging to R. B. Trucking, Inc. a
judgment originally rendered in favor of Auto Parts and against Roman Barutha, a sole trader, d/b/a R. & B. Trucking
& Construction Co. in an action in which R. B. General Trucking, Inc. was never properly made a party. Issue was joined
and each party moved for summary judgment. Judgment dismissing the complaint and awarding costs to Auto Parts was entered
April 30, 1957. R. B. General Trucking, Inc. appealed.