Smith v. Bruner

In this case the plaintiff in error was summoned by defendants to answer as a garnishee in their suit against William McCulley. An answer was filed, which in our opinion was sufficient to have entitled him to a discharge, yet the circuit judge gave judgment against him. An application was then made to set aside the judgment and to amend the answer on affidavits filed, which was refused. The rendition of the judgment on the answer, and the refusal to set it aside with leave to amend the answer, are both assigned as error. Believing the answer, though rather vague and inartificially *509drawn, to…