Herber v. Abbott

The opinion of the Court was delivered by .

Watkins, J.

This is a garnishment proceeding, in which' Thomas E. Herndon is sought to be made liable, upon a traverse of his answers as untruthful, for the amount of a judgment of $2600 against Abbott, an absentee. The garnishee denied the possession of any property of, or the existence of any indebtedness to Abbott.

The plaintiff’s reliance is upon the following state of facts, viz :

That on the 9th of April, 1883, in attachment suit, he obtained a judgment against Abbott, with recognition of his attachment of the Planters’ Cotton Press, in this city,…