Hoffman v. Professional Underwriters

Plaintiff recovered judgment, in an action at law, based upon the negligence of the principal defendant, in the sum of $2,800. She instituted garnishment proceedings against defendant herein. Disclosure denying liability was filed by the garnishee defendant.- Plaintiff moved for summary judgment against the garnishee defendant. This motion was opposed. The trial court denied plaintiff’s motion, and refused to enter summary judgment. Plaintiff appeals. The trial court was right.

The statute provides the affidavit for the writ of garnishment shall be held and .considered as a declaration by…