Federal Truck Co. v. Mayer

ON MOTION FOR. REHEARING.

NIPPER, J.

Learned counsel for respondent, in a motion for rehearing filed, insists that this case should not be reversed outright, but should be reversed and remanded so that the officer who served the summons may be permitted to make a return in accordance with the facts. This we would be inclined to do, but we find another fatal obstacle in the way of this procedure because of the fact that plaintiff’s denial of the garnishee’s answer in the justice court was merely a general denial and nothing more, as heretofore stated. Then, in the circuit court, plaintiff filed…