O'Fallon v. Davis

In this case, it appears that the denial of the plaintiff was not filed within the fifteen days allowed by the rule of court after the filing of the answer of the garnishee, and that some time afterwards, and only a few days before the cause was set for trial, the plaintiff had leave to file his denial, and it was filed without notice to the garnishee. The garnishee, by some negligence or oversight of his attorney, was not represented on the trial, and a default was taken against him for want of a reply, and the court proceeded to hear testimony in support of the new allegations of the…