Theo. H. Davies & Co. v. Hilo Pineapple Co.

OPINION OP THE COURT BY

PETERS, C. J.

Both of these cases were argued together. The point which we consider decisive is the same in each and involves the same facts. Hence one opinion will suffice for both.

*652George Willfong as garnishee filed in each case in the circuit court a return under oath denying generally that he then Avas or at the time of service of garnishee summons upon him had been indebted to the defendant and praying his discharge. None of the parties to either action aAmiled themselves of the privilege accorded them by section 2801, R. L. 1915, to require the garnishee to appear…