Day v. Bank of Del Norte

R. J. Day, plaintiff in error, recovered a judgment in the county court against one Thompson. Execution was placed in the hands of the sheriff and a garnishment summons was served on the defendant in error, the Bank of Del Norte. Garnishee filed its answer admitting that it had on deposit to the credit of the defendant Thompson the sum of §95.79, which it claimed the right to deduct and retain since the defendant was indebted to the bank in the sum of §1,050, evidenced by four promissory notes, no one of which was then due. Plaintiff traversed the answer, alleging that the bank was not…