Merchants Credit Service, Inc. v. Chouteau County Bank

I dissent. By making its return as it did, i.e., that it had no property of the defendant in its possession, the bank waived any objection it had as garnishee to the sufficiency of the writ. The majority seems to overlook the fact that this writ is not being attacked by the judgment debtor but rather by the garnishee. That the garnishee could make such a waiver to any right to attack the sufficiency of the writ so far as it is concerned is settled.

In the cases cited by the majority, there is no waiver as here. In those cases the attack on the sufficiency of the writ is direct. In this case…