Gladden v. Columbiana Sav. Bank

THOMAS, Justice.

The appeal is on the record in garnishment proceedings before the circuit court.

The demurrer was sustained to “tender of issue by separate paper filed,” and as last amended. Said demurrer was sustained on the grounds that same fails “to aver that garnishee had notice or knowledge that said funds were the individual funds of the said Mack D. Messer. * * * ” The record recites that thereupon “plaintiff takes a voluntary nonsuit on account of adverse rulings of the court, and moves the court for an order accordingly.” The court then ordered that a nonsuit be entered, garnishment…