Ogden v. Mills

Citations

• 3 Cal. 253

Syllabus

<p>Where a garnishee, in discharge of a rule, answers on oath, that he was released by the plaintiff, and that the plaintiff had abandoned his examination, he should be discharged by the court without further delay, unless his answer is controverted by the affidavit of the plaintiff</p> <p>And where a party is garnisheed to answer on a certain day, and appears, and the summoning party declines, or is not prepared, to take his answer, and a term elapses without any action on the garnishment, the summons is discontinued, and the party discharged from liability to answer.</p>