Albany & Northern Railway Co. v. Dunlap Hardware Co.

A default judgment was rendered against the railway company as garnishee, and execution was issued and levied upon its property; whereupon it filed an affidavit of illegality, containing a number of grounds: In the record in the garnishment case was an entry of service by the deputy sheriff of Worth county, showing that service of the summons of garnishment had been made on the agent of the railway company. One of the grounds of the illegality was that this entry was untrue; that no service had been made upon the company or its agent, that it had no notice of the proceedings, and had not had…