Poncher ex rel. Simplex Windshield Wing Co. v. Mohawk Auto Equipment Co.

In the trial court, pursuant to the practice of that court, the plaintiffs filed an affidavit on December 30, 1925, alleging that a judgment in their favor against the Simplex Windshield Manufacturing Company had been theretofore entered and an execution thereon returned, “No property found,” and asking that the Mohawk Auto Equipment Company, which was indebted to the defendants should be summoned as a garnishee.

The garnishee answered on January 8, 1926, that at the time of service of the summons on December 21, 1925, it was not indebted to Poncher and Winner and had no property of any kind…