Mensing v. Engelke

Willie, Chief Justice.

The appellant Mensing being a judg- ' ment creditor of William Axer, sued out a writ of garnishment against the appellee, F. A. Engelke. The garnishee denied indebtedness to Axer or possession of any of his effects, and this answer was contested by the appellant. The cause was tried by the court without a jury and judgment rendered for the garnishee, and from this judgment Mensing appealed.

The writ of garnishment was served upon Engelke April 18, 1879,"and his answer was filed on September 5, 1879, which was the return day of the succeeding court.

On October 1, 1878, Axer…