What is the effect of a garnishee summons issued on a statement of claim?
Saskatchewan, Canada
The following excerpt is from Macdonalds Consolidated Limited of Saskatoon v. Drabinasty, 1940 CanLII 154 (SK QB):
As to the suggestion of learned counsel for the defendant that the debt was statute barred and that the date should be given, that is a matter which he could raise by way of defence; and if the statement of claim was set aside as disclosing no reasonable cause of action, the garnishee summons issued on the claim would also be set aside: Shymko v. Havduk [19391 1938 CanLII 157 (SK QB), 1 W.W.R. 206.
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