Mercantile Adjustment Agency v. Fabacher

The question presented by this appeal—one of fact—is whether service of notice of garnishment was made upon Edward B. Fabacher, the president of Edward B. Fabacher, Inc., judgment pro confesso having been taken against the corporation in the sum of $138 for a debt due plaintiff by Fabacher.

The return of the constable was offered in evidence, and it purports to show that service was made upon the corporation through Edward B. Fabacher, its president. The deputy constable, who made the service on May 9, 1930, testified that the return was correct and, when asked to identify Edward B. Fabacher,…