Davis v. Millen

A tax execution was issued against Davis. It was afterward transferred to Millen, who sued out on it a summons of garnishment before a justice of the peace, and had the summons served on Swain. At the trial the defendant objected to the summons of garnishment as issued. The magistrate overruled the objections, and gave judgment against the garnishee. The defendant took the case by certiorari to the su*452perior .court, where the certiorari was overruled. The defendant in execution excepted.

Summons of garnishment can in this State issue in but three-classes of cases: (1) where there is a suit…