Fitzgerald Military Band v. Colony Bank

Simmons, O. J.

The Fitzgerald Military Band, a partnership, brought suit against the Fitzgerald Driving Association. Pending this suit the plaintiff sued out summons of garnishment against the Colony Bank and Bauder and Bowen. The garnishees answered, admitting funds in their hands. Afterwards the defendant filed in the office of the clerk of the court a bond to dissolve the garnishment. The clerk gave notice to the garnishees that the garnishment had been dissolved; whereupon the garnishees paid over to the defendant the amount they owed it. Judgment was obtained against the defendant, and…