Smith v. Wells

I concur in reversal of the order on the ground that the garnishment statute did not require service of the garnishee summons and affidavit upon the principal defendant who is a nonresident and hence the ten day provision has no application.

Garnishment is an ancillary proceeding and if jurisdiction of the defendant is obtained in the main action the several steps in the garnishment proceeding are not jurisdictional as to him. 38 C. J. S., Garnishment, § 162; Rood on Garnishment, § 280; First Nat. Bank v. Knight, 127 Okl. 20, 259 P. 565; Wright v. Southern R. Co., 141 N. C. 164, 53 S. E. 831;…