Parker, Peebles & Knox v. El Saieh

The scope of the inquiry required by defendant’s assignments of error depends to a considerable extent upon the status of and the effect properly to be accorded to the “disclosure” filed by the garnishee. The trial court in denying the plaintiff’s motions to strike it out and to expunge ruled that while it “is not to be considered, for the present at least, a pleading, and its allegations have not been admitted” (by the demurrer to the plea to the jurisdiction), it “performs a certain office, and may be of service to the court,” and “is not out of place in the file.” It is apparent from the…