Murphy v. Columbus Mills

Pannell, Judge.

Where, as in the instant case, a purported, although for many reasons a fatally defective, answer to a summons of garnishment has been filed by the garnishee within the time required by law, and such answer, as shown on the face of the record, remains untraversed and undisposed of, it should be first dismissed or otherwise disposed of before a judgment by default can be properly taken. Accordingly, the court did not err, at the same term upon discovering that such an answer had been filed in time, in setting aside the verdict and judgment by default, in order that the…