P. V. & K. Coal Co. v. Capital City Fuel Co.

The plaintiff (a Delaware corporation) brought suit against the defendant (an Indiana corporation) on an account for coal sold and delivered in the sum of $4,142.87. A copy of the account is attached to the petition. The account set forth contains items of shipments of coal during January and February 1931.

An affidavit in garnishment was filed, and the garnishee on April 8, 1931 answered that it was indebted to the defendant in the sum of $2,163.83.

No service was had upon the defendant, and no jurisdiction obtained of it except as to the property garnisheed in the hands of the railroad…