McKay Machine Co. v. Bosway Tube & Steel Corp.

Defendant appeals from the summary judgments of dismissal of its counterclaim and supplemental counterclaim against plaintiff.

October 10, 1968, plaintiff filed its complaint against defendant to recover the amount of the latter’s promissory note to the former, and summons issued. At the same time, three writs of garnishment issued and were served. These writs were quashed October 23, 1968 on defendant’s motion, because the affidavits on which the writs were based were held to be fatally defective due to an insufficient statement of facts to support plaintiff’s claim of just apprehension of…