J. O. Nessen Lumber Co. v. Ray H. Bennett Lumber Co.

The plaintiff began suit in the Baraga circuit court against the principal defendant and secured service of process on the garnishee defendant. All are foreign corporations. The principal defendant was not served. It filed a plea of the general issue and moved to dismiss, claiming that the garnishee had no property of the principal defendant “in its hands and under its custody and control” as stated in the affidavit on which the writ of garnishment issued. Proofs were taken and the motion denied. The facts were stipulated and are as follows:

*351On September 26, 1919, the Bennett Company-entered…