First National Bank v. Mathes

Citations

• 103 Kan. 868
• 176 P. 657
• 1918 Kan. LEXIS 408

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Garnishment — Affidavit of Nonliability- — Evidence—Garnishee Discharged. A garnishee filed an affidavit of nonliability to the defendant under section 233 of the civil code, and upon issue joined by the plaintiff, the answer of the garnishee was upheld and he was discharged, Held, that the evidence in the case is sufficient to sustain the order,</p> <p>2. Same — Affidavit of Nonliability — Issues Fairly Joined. The fact that the court proceeded to the trial of the issue joined, without requiring the garnishee to file an answering affidavit as provided in section 234 óf the civil code, was not error.</p>