On Motion for Rehearing.
In an able motion for rehearing, plaintiff 'in error forcibly contends that it had an answer, though defective, on file; that this answer showed ownership in the original debt- or of two shares of stock in garnishee corporation, and, therefore, the trial court could only render judgment for the sale of such stock, and that this point was overlooked by us.
It was intended in the opinion to show, what it seems has been many times declared in the decisions, that a garnishee’s answer, which fails to answer one or more statutory questions or which answers evasively, is no answer at all and may be disregarded and default judgment rendered. That this is the rule, even though the answer admits ownership of stock by principal debtor, is held in Gay Ranch Co. v. Pemberton, 23 Tex. Civ. App. 418, 57 S. W. 71. There are many analogous rules with reference to pleadings such as failure to verify a plea of non est factum; in such case the plea does not raise any issue, though not excepted to. City Water Works v. C. W. White, 61 Tex. 536; Pioneer Savings & Loan Co. v. Nall (Tex. Civ. App.) 36 S. W. 322; Smith v. Smith (Tex. Civ. App.) 200 S. W. 540.
The motion for rehearing is overruled.