Blue Creek Land & Live Stock Co. v. Kehrer

This is an appeal from an order dismissing a writ of garnishment.

Plaintiff commenced an action in the court below to foreclose a mortgage on real property given to secure payment of a promissory note. At the time of filing its complaint plaintiff also caused to be filed an affidavit for the issuance of a writ of garnishment in accordance with certain provisions of Comp. Laws Utah 1917, § 6730. The writ was issued and served on the garnishee, whereupon the defendants appeared and moved to dismiss the writ on the alleged ground that the action being for the foreclosure of a mortgage on real…