American Surety Company of New York v. Nash

CHARLES C. NABOURS, Judge of Superior Court

(dissenting).

I must dissent from the conclusion reached by the majority in this case.

As stated by the majority, the basis of the appellee’s complaint was the allegations:

“That by virtue of the issuance and service of said Writ of Garnishment * * * they were unable to attach or levy upon any property then owned by INTERNATIONAL ORE CORPORATION and out of which recovery might be had when and if judgment was entered for the recovery of the C. W. NASH notes. No such action was available until it was determined, * * that the claims of INTERNATIONAL ORE…