Payne v. Furtado

CONCURRING OPINION OF

QUARLES, J.

I concur in the conclusion reached on the ground that there should have been a judgment against the garnishee, and that in the absence of such judgment the circuit court erred in denying the motion of the garnishee to set aside the order directing execution against him.

I am unable to adopt the rule that in case of garnishment and utter failure of the garnishee to pay any attention to the summons that the plaintiff must prove the amount of money or the value of the property whiph the garnishee holds for the principal defendant. Such has not been the practice in…