Chapman v. Foshay

Appeal by defendant from an order denying his motion to dismiss a garnishment proceeding.

Plaintiff’s attorneys, on November 8, 1929, prepared the summons and complaint in the main action and delivered same to a clerk in their office for service. On the same day they prepared an affidavit for garnishment and a garnishee summons. The affidavit was on that day filed in the office of the clerk of the district court, and the garnishee summons served on the garnishee. No complaint or copy thereof was filed in the' office of the clerk of court with the affidavit. No complaint or copy thereof was…