Jones v. Main

The opinion of the court was delivered by

Fontron, J.:

This appeal is from a default judgment entered in a garnishment proceeding against Perfecto Torrez, the garnishee defendant, and the appellant herein.

The facts are not controverted. On July 23, 1964, the plaintiffs and appellees, Billy L. Jones and Patricia J. Jones, having an unsatisfied judgment against James H. Main d/b/a J. H. Main Construction Co., filed, through their counsel, a garnishment affidavit alleging that Perfecto Torrez was indebted to the delinquent Mr. Main. Pursuant to this affidavit, the clerk of the district court…