Thompson v. Child

Opinion of the Court delivered by

Napton Judge.

Defendant in error sued Calvin O. Church, in- assumpsit and recovered judgment, Chiles was summoned as garnishee, interrogatories were filed as to his indebtedness., to plaintiff *163below, an issue was made up, on the fact of indebtedness. ..Both parlies by consent, submitted the whole matter to the court, sitting as a jury, and the court found a verdict, and •afterwards gave a judgment against the garnishee,- from which he appeals to this court, no motion for a new trial was made. Under the view which we take of the case it became necessary to…