Fulton v. Gesterding
Supreme Court of Florida
This case was decided by Divisio'n B. Writ of error to the Circuit Court for Marion county. ' Statement. On May 17th, 1900, plaintiff in error sued out a writ of garnishment against the Florida Central & Peninsular Railroad Company, in a suit against Frederick Gesterding then pending in the Circuit Court of Marion county.
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This case was decided by Divisio'n B. Writ of error to the Circuit Court for Marion county. ' Statement. On May 17th, 1900, plaintiff in error sued out a writ of garnishment against the Florida Central & Peninsular Railroad Company, in a suit against Frederick Gesterding then pending in the Circuit Court of Marion county. On June 14, 1900, the garnishee filed its answer denying any indebtedness to, and the possession or control of any property of, Gesterding when the writ was served, the answer filed and at all times between those dates. Plaintiff trav-' ersed this answer June 21, 1900. On…
1Opinion of the CourtCarter, P. J.
— Many errors are assigned, some, of which are so imperfectly presented by the ordinary bill that they will not be considered, and others are without merit, so that the discussion will be confined to two questions, vis: The ruling permitting the further answer to be filed, and that denying the motion for a new trial.
*156I. The garnishment statutes provide that upon traverse of the answer of a garnishee “the court shall direct without the formality of pleading a jury to be empanelled to inquire what is the true amount due from such garnishee,” etc. Sec. 1673, Rev. Stats. In Howe v. Hyer, 36 Fla.…
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