Alswager v. Dwelle

The plaintiff obtained judgment in justice court. A transcript was filed in the district court. No execution was issued after judgment; but plaintiff served a garnishment summons upon the city of Jamestown, based upon the affidavit of counsel showing the entry of judgment, the filing of the transcript, and that “he verily be lieves that the City of Jamestown' . . '. is indebted to . . . the defendant, . . . and that said Ealph Dwelle, has not property in this state liable to execution sufficient to satisfy the plaintiff’s demand.

The garnishee moved to dismiss on the ground, among others, that…