Wheeling Traction Co. v. Pennsylvania Co.

SATER, District Judge.

The plaintiff sued'the defendant in the state court, and also instituted proceedings in attachment. The state court set aside the service and return of summons. Thereafter another service was made, and the Cleveland & Pittsburgh Railroad Company was garnished. On removal of the ease to this court, such other service and return were quashed. The garnishee, through its counsel, filed in the court of common pleas in which the suit was pending a formal answer, such as any person who is a defendant might file in any suit. There is nothing of record to show it was made before…