Opinion
No. 87-974.
Filed October 27, 1989.
Appeal from the District Court for Douglas County: JAMES A. BUCKLEY, Judge. Affirmed.
Donald E. Earnshaw and Horace H. Reynolds IV for appellant.
No appearance for appellee.
HASTINGS, C.J., WHITE, SHANAHAN, and FAHRNBRUCH, JJ., and McGINN, D.J.
As part of a property settlement in the district court, the appellant, Gail M. Gray, caused certain shares of a family corporation to be sold to the corporation. The corporation's president, William Gray, Gail's ex-husband, caused corporation notes to be executed in payment of the stock. William agreed in the settlement document that "[s]aid note[s] shall be personally guaranteed by William." The notes were not paid as they came due, and Gail sought to collect the same from William and/or the corporation by various proceedings in aid of execution.
William and the corporation objected to the proceedings, contending in substance: (1) that no judgment has been had against the corporation and that absent such judgment, the corporation is not a judgment debtor; (2) that William has fully performed the promise made in the agreement to "guarantee" the notes, and to enforce the guaranty a separate action is required; and (3) that the corporation notes are not the obligation of William simply by being mentioned in a settlement agreement in a dissolution matter.
We agree with the trial court. Since the claims have not been reduced to judgments, proceedings in aid of executions cannot be maintained.
AFFIRMED.