Zimmer v. Davis

Campbell, J.:

The proceedings brought up for review in this1 case are garnishee proceedings. Davis & Spaulding recovered judgment before a justice in a suit brought against John Turner and John Smith. Zimmer was summoned as their debtor, and disclosed that he had a contract with them for a house, on which he owed them, or would owe them, four hundred and twenty-two dollars, less any damages which he might have against them for non-fulfillment. On the trial of the garnishee proceedings the uncontradicted evidence showed the completion of the contract by tbe contractors and plaintiffs as their…