State ex rel. Scheffer & Rossum Co. v. Kane

An action with an accompanying garnishment proceeding was duly commenced before a justice of the peace. The garnishee, though duly served with the summons, failed to appear, and default judgment was rendered against him in the amount of the recovery against defendant in the action. Thereafter the garnishee, upon affidavits tending to excuse the default, moved the justice to be relieved therefrom, with the privilege of making proper disclosure. After due hearing the justice by formal order denied the motion. The garnishee then sued out a writ of certiorari from this court to review the order…