Northern Freight Lines, Inc. v. Fireman's Fund Insurance Companies

Quillian, Judge.

This case is here on appeal from the sustaining of a motion to dismiss which was addressed to a motion to set aside a final judgment entered in garnishment proceedings. The garnishee, appellant here, contended that service was not had on it as required by Code § 46-106; thus, the judgment which was rendered upon the garnishee being in default was invalid.

The return of service recited: “I have this day served summons of garnishment issued upon within affidavit and bond on Northern Freight Lines by serving the same on Mr. Morris its agent and personally in charge of the office…