Ordon v. Sarko

(for reversal). Almost simultaneously with, the commencement of principal suit in June, 1956, plaintiff caused a writ of garnishment to issue and be served personally upon the garnishee defendant, who failed to appear and file disclosure. Plaintiff obtained judgment against the principal defendant in October, 1958. Thereafter, the principal defendant was adjudicated bankrupt. Plaintiff procured from bankruptcy court the right, in contest against the trustee in bankruptcy, to proceed against garnishee defendant as 1 of the principal defendant’s debtors. In December, 1958, an order of default…