First National Bank v. Dimmick

(dissenting.) — I cannot concur in the opinion or conclusion in this case. I think this decision makes a radical departure from the practice and procedure in garnishment cases which has prevailed in this state for nearly 100 years. The abstract questions decided are: First, that the ansAver of the garnishee, if in AATiting and marked “Filed” by the clerk, ipso facto, becomes a part of the record, without any action on the part of the court; and second, that an oral answer of a garnishee cannot be contested. I think both propositions equally Avrong, and each is as wrong as Avrong can be,…