Knight v. Herring & McGehee

The Court of Appeals requested instruction from the Supreme Court upon the following question: “Will a judgment regularly entered, discharging a garnishee who has answered nothing, and where no traverse of the answer was filed and therefore no evidence was adduced, be res judicata upon an issue formed upon a traverse of an answer of the same garnishee answering nothing, subsequently filed by the same plaintiff in the same *59suit pending, which is an issue where there is inquired into the validity, upon the ground of fraud, of an assignment of property in the hands of the garnishee, made by the…