Johnson v. Dexter

The question in this case is whether a garnishee proceeding has been discontinued by a failure of the plaintiffs to appear on the return of a summons to show cause.

The principal suit was by Tower & Mills against Zachariah York, and William W. and Harvey E. Johnson were garnished as debtors of York. The garnishee summons was issued August 22, 1876, returnable August 28, 1876. The garnishees appeared and made disclosure, and thereupon, in pursuance of the statute, the proceedings were continued without day. September 11, 1876, the justice issued a summons, returnable September 18, 1876,…