Wabash Railroad v. Hornbuckle

The only question necessary to be decided in this case is, whether the appellant, the Wabash Railroad Company, was or was not guilty of negligence in not appealing within the time fixed by the statute. It appears affirmatively from appellant’s petition that' it was served with process as garnishee, and filed its answer containing averments as shown in the statement preceding this opinion. It seeks to excuse itself from taking further notice of the cause, after filing its answer, because of the fact that the scire facias was not served on it, and because it supposed that its answer, which was…