Handlin v. Burnett ( 1881 )

On Motion to Dismiss.

Rogers, J.

Plaintiff obtained judgmefit against defendant, J. F. Burnett, for the sum of two hundred and seventy-five dollars, with legal interest from January 5th, 1880. J. J. Burnett was made garnishee, and answered the interrogateries propounded, by declaring that be was not indebted to J. F. Burnett; nor did be bave any rights, property or credit belonging to bim, under bis control; that be bad made no compromise or arrangement since tbe service of interrogatories with defendant. On a traverse to these answers tbe judgment was in favor of garnishee; plaintiff appeals. Manifestly, tbe only amount at state was tbe judgment obtained against tbe defendant. Plaintiff could bave obtained by bis proceedings no greater sum against garnishee ; tbe amount of that judgment was $275.

It was signed by tbe District Judge on March 11th, 1880.^*

Appeal dismissed.

* This Court determined, in Huger v. Williams, that it had no jurisdiction over causes decided before August 1st, 1881, and involving less than $500. — Reporter.