Commercial State Bank v. Curtis

This action was brought to recover the balance due upon a promissory note. After the action was instituted, the plaintiff caused a writ of garnishment to issue, which was served upon Boyd-Conlee Company, a corporation. This writ was not answered within the time required by law, or at all. Sometime later, a judgment was taken against the garnishee defendant by default. When that defendant learned of the judgment, it moved to quash the writ and vacate the judgment because the amount of the bond was not in the amount required by law in such cases. A hearing was had, and the court quashed the…