Lynch & Lewis v. Markowitz Bros. & Strauss
Lynch & Lewis v. Markowitz Bros. & Strauss
Opinion of the Court
Opinion by
§1312. Garnishment; requisites of affidavit for. Appellees recovered judgment against appellants, as garnishees, for an indebtedness due appellees by one Cannon. In their affidavit for garnishment they did not state the amount Cannon was indebted to them, and did not state that they believed appellants were indebted, etc., to Cannon. A motion to quash the proceedings because of these omissions in the affidavit was overruled. Held, the affidavit should have stated the amount of the debt claimed to be due and owing by Cannon, and should also have stated that the affiant “ does believe ” that the garnishees were indebted to Cannon. In proceeding by garnishment, the statute should be followed with reasonable strictness. To authorize the writ the affiant is not only required to swear that he has reason to believe that the
Reversed and dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.