The garnishee appeared in the cause by counsel, and, after motions by the defendant to quash and dismiss the writ of garnishment and to quash the service of the writ, the plaintiff moved to amend the writ.
The Supreme Court stated that even if the writ was defective because it was directed ‘to the sheriff or constable of any county’ instead of to the sheriff of the county in which the garnishees resided, the writ was not void, and the garnishee bank was served in the county of its domicile and appeared in the cause by counsel. The writ, if defective, was amendable, and the motion to amend should have been granted, without dissolving the writ.
American Bank & Trust Co. V Lyle, 130 So. 622 (1930)
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