McCommons-Thompson-Boswell Co. v. White

A landlord claiming that his tenant had sold a part of the crops without paying the rent procured the issuance of a distress warrant, and sited out garnishment in which a summons was served upon the purchaser. The purchaser answered not indebted and no property subject to the summons; and to this answer a traverse was filed. “It *21was agreed between counsel in open court that no point at all was made on- the garnishment proceeding—that the case was being tried on ;ts merits, and no point was made that garnishment was not the proper remedy if the plaintiff was entitled to -recover.” In arguing…