Carroll v. Wallace

On Motion to Dismiss.

McGloin, J.

Plaintiff instituted his suit by attachment against defendant, and made G. W. Sentell garnishee, propounding the usual interrogatories. These were answered, and plaintiff moved to have them taken pro confessis, declaring that lie was entitled to such a judgment upon the face of the answers. The parties seem to have drifted, upon the trial, into a general contest involving the truth of the statements set up in said answers. There was judgment dismissing the rule, and plaintiff has appealed.

As the rule was presented, it did not, as to plaintiff, involve the whole…