Brainard v. Wetzstein

Plaintiff has appealed from an order of the district court reinstating an appeal from the justice’s court. The facts are: Plaintiff instituted an action in the justice’s court to recover upon an indebtedness of about $150. Defendant defaulted. A garnishee in the action appeared and filed an affidavit denying liability. Plaintiff took issue with the garnishee. The garnishee proceeding was continued for a day certain in justice’s court. Upon the day of trial the garnishee did not appear; whereupon the justice rendered judgment against the garnishee. This garnishee appealed to the district,…