First Nat. Bank of Stephenville v. McClellan

This is a garnishment proceeding ancillary to a suit by appellant against W. R. McClellan to recover upon a liquidated demand.

McClellan made a motion to quash the proceeding, setting up various grounds. The grounds of the motion were all properly overruled by the court, except one, which was sustained, and the proceeding quashed. The correctness of the court action in this matter is the only question presented for review. Omitting formal portions the affidavit in garnishment made by appellant’s vice president and agent reads:

“That in this suit said bank sues for a debt, and states, on oath…