Paton & Co. v. Chambliss & Co.

1. Where a creditor sued out a garnishment proceeding based upon a pending action, and thereafter obtained judgment against the defendant, and, while this judgment was before the Supreme Court for review, caused an additional summons of garnishment to be issued on the original affidavit and bond: Meld, that, after the affirmance of the judgment of the trial court by the Supreme Court, it was not erroneous to dismiss the garnishment proceeding in so far as it related to the last summons issued. Under the facts recited, the same was not authorized by that part of section 4709 of the Civil Code…