Tapley Finance Corp. v. Citizens & Southern Bank

Bell, Chief Judge.

1. In Case No. 48280, appellant filed an affidavit and bond for garnishment averring that it had a judgment against the defendant, Betty Tarpley, and caused a summons of garnishment to be served on the appellee-garnishee, Uniroyal. The defendant then filed an affidavit of illegality. The garnishee did not answer. The trial court then entered an order stating that an affidavit of illegality cannot be filed to go behind the judgment previously against defendant and rendered a judgment against the appellee-garnishee. Garnishee moved to set aside the judgment. The trial court…