Gilmore v. Thwing

This is an appeal by the plaintiff from a judgment of dismissal of his action, with prejudice, upon a motion for judgment on the pleadings and on the plaintiff’s opening statement to the jury.

The action is one for damages alleged to have been sustained by reason of the wrongful suing out of a writ of garnishment, or the abuse of process in serving the writ upon the garnishee defendant, a bank, in such a way and at such a time as to not only impound the appellant’s checking account, but also to cause the dishonor of a large number of his checks, each of which he had issued in due course and…