McNeil & Higgins Co. v. Hovland

Two contentions are made by appellant on this record, viz.: First, that the verdict and judgment in the attachment suit against Johnson precluded any review of the question of fraud in the sale by Johnson to the garnishee, on the hearing of the issue between the plaintiff and the garnishee; and, second, that the court erred in the exclusion of evidence and in its finding for the garnishee.

We think the first contention is not tenable because the garnishee was not a party to the attachment issue and could not be concluded by the trial of that issue in which he in no way participated. Gaytes v.…