Commonwealth National Bank v. Kennedy Company

ELLETT, Justice.

The Commonwealth National Bank as plaintiff sued the Kennedy Company and the partners thereof on a promissory note. Judgment was confessed except as to the amount of attorney’s fees. The Kennedys counterclaimed because of the dishonor of a draft which they had issued and also because of a claimed wrongful garnishment.

After the action was commenced to recover on the note, the plaintiff on August 8, 1969, caused the clerk of the district court where the action was pending to issue a writ of garnishment whereby funds of the Kennedy Company in a local bank were attached. The writ…