Tapp v. Green

The only question in this case is, whether it is within the discretion of the District Court to allow a garnishee who has ■answered interrogatories in good faith, but not as fully as he might have done, to amend his answers after an order pro confessis has been made, but before judgment against the defendant.

We are of opinion that this question must be decided in the affirmative. Answers which are manifestly evasive ought not to be permitted •to be amended. Davis v. Oakford, 11 An. 379. Nor when a garnishee has once answered and admitted a certain indebtedness, should he bo allowed to retract…