Hirsch v. Dearing

CODY, Justice.

This is a garnishment case in which the garnishee was discharged at the request of plaintiff in garnishment, without a trial, but not upon the garnishee’s answer. The sole question on appeal is whether the allowance of $500 as attorney’s fees, which were taxed as costs, should be reversed.

Appellant, who was the holder of a judgment against Phillip Stillman for a sum, inclusive of accumulated interest, in excess of $11,000, applied for a writ of garnishment against appellee. Appellee filed a sworn answer stating that he was not indebted to Phillip Stillman and had none of his…