Ray v. Bruce

I dissent. I cannot agree that the garnishee must forfeit $350 which he has never owed to defendant, to plaintiff or to anyone else. I disagree with the opinion of my colleagues on both points decided and I here set out my views separately on those points.

I. The Question of Jurisdiction.

I find nothing in the case which justifies this court in turning advocate and seizing upon a technical point which was not even suggested by counsel, when its effect is to help perpetuate an injustice.

The majority opinion holds that the garnishee Ray has no standing here and no right even to be heard, because…