Kosminsky v. Raymond, Hawes & Co.

OPINION ON MOTION EOE EEHEABING.

FISHER, Chief Justice.

This is a garnishment preceding instituted by the appellees against the appellant. The answer of 'the appellant as garnishee complies with the terms of the statute, but the court below dismissed the answer because, it seems, it was sworn to before the attorney of the garnishee, who was at the time a notary public. The only point presented is whether the attorney of the garnishee, who is a notary public, may swear the garnishee to the truth of the statements contained in his answer:

In the original opinion we held that the attorney, although…