Durham v. Scrivener

I dissent from the judgment of this court overruling the motion for a rehearing, for the following reasons:(1) The right to have a writ of garnishment, upon the ground that the plaintiff has obtained a judgment against the defendant in the main suit, means that he has obtained a final judgment in such cause.(2) A judgment is not final until the time for perfecting an appeal therefrom has expired. The time for such appeal had not expired when the garnishment was sued out herein.(3) No judgment, except by default, can properly be rendered without some evidence to support it. The evidence…