Glugermovich

Action on a promissory note for the sum of four hundred and seventy-three dollars, made by defendant to plaintiff, and which fell due June 14, 1894; one of its provisions was that in case of suit a reasonable counsel fee should be allowed. On said June 14th Zicovich, the maker, was garnished in respect of his indebtedness on the note in an action brought by one Coschina *66 in a justice’s court against the plaintiff here, said Glugermovich; such attachment was in force when this action was begun—June 15,1894—and the defendant Zicovich pleaded the fact thereof in his answer. The suit of Coschina v. Glugermovich was yet pending and undetermined at the -time of trial of the present case; upon such trial plaintiff recovered judgment for said sum of four hundred and seventy-three dollars, together with a further allowance for counsel fees and costs of suit.

A proper mode of procedure for the garnishee under ■such circumstances was long ago pointed out by the decisions of this court; he may by affidavit or other appropriate means bring to the attention of the court where he is sued by his own creditor the facts of the garnishment, and apply for a stay of proceedings until the action of…