Sprowls v. Ealy

Gibson, J.,

On behalf of the defendant and garnishee a writ of certiorari was issued on May 28, 1934, to which the justice of the peace made return on June 4, 1934. The defendant and the garnishee claimed that the transcript filed with the return did not correspond with a transcript previously given to them, and that there was a diminution of record. Following this, a hearing was held September 8, 1934, at which testimony was taken for that purpose. An examination of the testimony does not show that there is any diminution of the record as shown by the transcript filed with the return. Among…