New matter in plaintiff’s reply deemed denied; trial; judgment; costs; attorney’s fees. New matter in the affidavit replying to the answer of the garnishee shall be taken as denied or avoided, and the matter thus at issue without further pleadings shall be tried in the same manner as other issues of like nature, and upon the verdict or finding thereon, judgment shall be entered the same as if the garnishee had answered according to such verdict or finding; but if the verdict or finding is as favorable to the garnishee as his answer, he shall recover costs of the proceeding against the plaintiff, together with a reasonable attorney’s fee, otherwise the plaintiff shall recover costs against the garnishee, together with a reasonable attorney’s fee.
Last modified: February 27, 2006