Levis-Zukoski Mercantile Co. v. Exchange National Bank

The opinion of the court was delivered by

Smith, J.:

The plaintiffs in error sought to charge a bank, as garnishee, by action against it under the provisions of sections 4644 of the General Statutes of 1901, before it had obtained a judgment against the *551principal debtor. The section referred to contains the following:

“No trial shall be had of the garnishee action until the plaintiff shall have judgment in the principal action, and if the defendant have judgment, the garnishee action shall be dismissed with costs.”

After plaintiff in error had introduced its evidence in the proceeding against the…