First State Bank of Mathis v. McCoy

The controlling question presented by appellant is that of whether or not an allegation in an affidavit for writ of garnishment that the writ is not “sued out to injure either the defendant or the garnishee” is sufficient, where there is more than one defendant whose property is'sought to be impounded. The statute requires that the affidavit for garnishment must contain a statement that the writ “is not sued out to injure either the defendant or the garnishee.”

It must be conceded that the statutory requirements in this summary proceedings must be substantially pursued and strictly construed,…