Chambers v. Bane

The opinion of the court was delivered by

Benson, J.:

A question of practice only is presented. The plaintiff, Chambers, commenced an action by publication service against the defendant, Bane, a nonresident of Kansas, upon a judgment of a federal circuit court. H. F. Mott, an alleged debtor of the defendant, was personally summoned as garnishee. The garnishee answered denying that he was indebted to the defendant. The plaintiff thereupon served notice upon the garnishee that he elected to take issue upon the answer. Afterwards the defendant, Bane, upon special appearance moved to set aside the…