First State Bank v. Lowder

The opinion of the court was delivered by

Dawson, J.:

This appeal is concerned with a question of practice in garnishment proceedings incidental to an action to recover on a promissory note.

The action was begun in December, 1926, by the plaintiff bank against defendant Lowder, and a summons in garnishment was issued to M. D. Kuttler. He answered on January 20, 1927, which was within time, denying liability in the form prescribed by the statute, R. S. 60-945.

Plaintiff did not take issue on the truth of the garnishee’s answer within twenty days, as it was bound to do to avoid the force of the…