Smith v. McCutchen

Smith obtained judgment against Ogle in the Common Pleas Court on a mere order of publication published in a newspaper, Ogle being a non-resident of the State. The judgment was a general judgment in personam. Execution was issued from the Cooper Circuit Court (to which, in the repeal of the law establishing the Common Pleas Court, all judgments were transferred), and McCutchen, being garnished as Ogle’s debtor, filed a motion to quash the execution and dismiss the garnishment; which was overruled. An answer was then filed by McCutchen to the interrogatories, admitting indebtedness, but…