First National Bank v. Elliott

The opinion of the court was delivered by

Smith, J.:

In an action brought by the First National Bank of Fort Scott against Charles H. Elliott, to recover on certain promissory notes, the plaintiff bank filed an affidavit in garnishment, stating that it was indebted to Elliott. A summons in garnishment was thereupon issued requiring the bank to answer as garnishee, which it did, stating that it was indebted to Elliott in an amount exceeding |2500. A motion filed by Elliott to set aside and quash the garnishment proceedings was sustained by the district court.

The question before us is whether a…