Phillips v. D. & J. ENTERPRISES, INC.

MERRILL, Justice.

This appeal is from an order denying appellant-defendant’s petition for a rehearing in an action at law under Tit. 7, § 279, Code 1940.

Plaintiff sued defendant for rent, and caused a writ of garnishment to issue to Aetna Insurance Company because the rented .building had been destroyed by fire and the garnishee was supposed to be indebted to the defendant. The complaint and the writ of garnishment were filed on June 28, 1971.

On July 29, defendant filed a motion to quash service because the summons and complaint had been served, not on him, but on his wife. An amended…