McDaniel v. Dykes

Sognier, Judge.

Dykes filed suit on account against Tanner and McDaniel for survey work. The defendants failed to answer and default judgment was entered against them.

Thereafter, appellee filed a garnishment against McDaniel’s personal account and a business account in which he had a partnership interest. In order to obtain a release of the accounts, appellant issued a check payable to the clerk of court in an amount sufficient to satisfy the judgment.

McDaniel then filed suit to set aside the judgment against him and sought actual and punitive damages for alleged fraudulent acts of appellee in…