Termplan, Inc., Bolton v. Haynes

Marshall, Judge.

This appeal is from the setting aside of a default judgment originally entered in behalf of appellant, Termplan, Incorporated, Bolton, plaintiff below, against a garnishee, Haynes, garnishee-appellee.

Appellant obtained a judgment against its debtor Lovelace on January 27, 1971. A summons for garnishment against Lovelace’s employer appellee Haynes, was sought, issued, and served upon Haynes on September 4, 1973. Haynes filed its answer to the garnishment summons on October 23, 1973, which was four days beyond the 45-day period allowed for a garnishee to answer as provided by…