Tuthill v. Moulton

The opinion of the court was delivered by

Mahan, P. J.:

In a suit by Tuthill against Moulton to recover money upon a promissory note and upon-an account, Mayer, Spirit Spring Lodge No. 159, I. O. O. F., and Cawker City Lodge No. 41, A. O. U. W., were garnishees, under the provisions of chapter 151, Laws of 1889 (Gen. Stat. 1899, §§ 4450-4473). By this proceeding Tuthill, the plaintiff below, seeks to have reversed a judgment discharging said garnishees from liability to him as such. They were not served with a copy of the case-made or with notice of its settlement, as required by the order of…