Cohen v. Nichols

1. Where a judgment upon which process of garnishment has issued has afterwards, upon an issue formed by an affidavit of illegality filed by the defendant, been adjudicated as void on the ground that the defendant had never been served and had not had his day in court, the amount “on such judgment” is not due, and the property or money sought to be garnished upon such judgment is not subject to the process of garnishment, and the defendant may recover of the plaintiff and the surety upon the bond executed by the plaintiff, as required by statute (Code, § 46-102), all costs and damages that…