Cordes v. Kauffman

The sickness of Mrs. Cordes, on the day of trial before the justice of the peace, as garnishee, was sufficient excuse for not appearing; but we are of opinion the grounds of defense set up in the petition for certiorari are not sufficient to entitle them to the writ of certiorari. They aver that they were not indebted to the defendant in the suit. This would not have entitled them to a discharge, if they had appeared before the justice of the peace and thus testified. It is made the duty of the garnishee to testify as to what he may be indebted to the defendant, or what *181effects of the…