Mahlberg v. Jones

Plaintiff appeals from the order dismissing the garnishee proceeding and discharging the garnishee.

The ground upon which the court based the order was that the action to which the garnishee proceeding was ancillary was not “an action for the recovery of money.” (G. S. 1923, § 9356.) Appellant claims that garnishment is a remedy available in any and every sort of action. And this language in Cummings v. Edwards-Wood Co. 95 Minn. 118, 121, 103 N. W. 709, 106 N. W. 304, appears to justify the claim:

“It was intended to open the door, in garnishment proceedings to all classes oí actions, and to…