Birdsell Mfg. Co. v. Independent Fire Sprinkler Co.

Mr. Presiding Justice Wright

delivered the opinion of the court.

Appellee sued out a writ of attachment against appellant August 2, 1895, which was served upon the Leavitt & Oglevee Co., as garnishee. In this suit a declaration in assumpsit was filed. At the December term, 1896, of the Circuit Court, before the garnishee had answered the interrogatories, and without judgment having been entered against appellant upon the cause of action stated in the declaration, a judgment was entered against the garnishee for $577.55 in favor of appellant for the use of appellee. At the March term, 1897, upon…