Austin Bridge Co. v. Vaughan

1 Citing case

  1. New York Life Insurance Co. v. Cherry

    50 S.W.2d 584 (Ark. 1932)   Cited 3 times

    It necessarily follows that there can be no lawful judgment against the garnishee until after judgment has been recovered against the defendant. Norman v. Poole, 70 Ark. 127, 66 S.W. 433; St. Louis, Iron Mountain Southern Railway Company v. McDermitt, 91 Ark. 112, 120 S.W. 831; Smith v. Spinnenweber, 114 Ark. 384, 170 S.W. 84; Smith v. Bank of Higden, 115 Ark. 216, 170 S.W. 1008; Bank of Eudora v. Ross, 168 Ark. 754, 271 S.W. 703; and Austin Bridge Company v. Vaughan, 178 Ark. 995, 13 S.W.2d 13. This brings us to a consideration whether the pleading, termed by the plaintiff an amendment to her complaint, which was filed on September 15, 1931, was what it purported to be, or whether it was the commencement of a new action against the defendant.