Seaboard Air-Line Railway v. Hutchinson

Hutchinson sued the Seaboard Air-Line Railway to recover damages for personal injuries in the sum of $25,000. Pending the case he sued out garnishment proceedings, stating in his affidavit that he claimed to be due him in his suit the sum of $10,000. The garnishment bond was in the sum of $20,000. The defendant filed a demurrer to the affidavit and bond for garnish*527ment, and made a motion to dismiss the garnishment proceedings, both based upon the proposition that the variance in the amount sued for in the main suit and the amount claimed to be due in such action as stated in the affidavit for…