T. Defatta & Sons v. Hyde

Plaintiff caused execution to issue on its judgment against defendant and made H. H. Bain, garnishee. The usual interrogatories were propounded to and served on him. He failed to answer the process within the legal delays, and judgment “pro confesso” was rendered against him for $112.28, the amount of the judgment against defendant, and signed on May 1st, 1931. On May 5th, within three judicial days of the signing of this judgment, the garnishee filed a motion wherein he averred that through oversight and inadvertence he did not answer the interrogatories served on him; that he is not…