Wineman v. Clover Farms Dairy

Ethridge, J.,

delivered a dissenting opinion.

I think the judgment rendered by the court below was erroneous for two reasons: First, the answer of the garnishee was not contested, and only the indebtedness admitted in the answer would be subject to the demand of the plaintiff, appellee here; and, second, the contents of the safety deposit box, under the facts disclosed in this record, are not subject to garnishment.

The facts are that the Clover Farms Dairy secured a judgment against Mrs. A. E. Wineman, and upon being informed that the First National Bank of Green-ville was indebted to Mrs. A.…