Hart v. O'Rourke

On March 30, 1897, appellee O’Rourke commenced an action against appellant before a justice of the peace of Tippecanoe county to recover for merchandise sold and delivered to appellant by said appellee, and also filed an affidavit and undertaking for a writ of garnishment against the receiver of the Monon Railway Company. The affidavit and undertaking were filed under the provisions of the act of 1897 (Acts 1897, p. 233). No affidavit showing any grounds of attachment, as required by section 925, Burns’ R. S. 1894 (913, Horner’s R. S. 1897), was filed. A summons was served on appellant, and a…