First National Bank v. Bryant

The opinion of the court was delivered by

Parker, J.:

This was a civil action for the recovery oí money in which the plaintiff was entitled to invoke the provisional remedy of garnishment. Since, under the statute (G. S. 1935, 60-951) and our decisions construing its terms (Bumgardner v. Halverstadt, 115 Kan. 124, 126, 222 Pac. 762; Cole v. Thacker, 158 Kan. 242, 250, 146 P. 2d 665), the garnishment proceeding is to be regarded as an action by the plaintiff against the garnishee and defendant as parties defendant we are not concerned with the facts on which liability of the defendant in the…