Maule Ojus Rock Co. v. Lumpkin

(concurring specially). — On April 6, 1926, the defendant in error here brought an action in the Circuit Court for Dade County against Leo B. Ward to recover a balance due of $5,500.00 on a promissory note which Ward had executed in favor of Collins' Company and by that company transferred to Lumpkin.

On the 5th day of April, 1926, Lumpkin obtained a writ of garnishment in which The Maulé Ojus Rock Company was named as garnishee. The writ was served on the following day. The rock company answered the writ of garnishment on July 5, 1926, after a writ of scire facias or order to show why final…