RYAN, J.
This case is before us on rehearing granted. The following chronology and history of the litigation is adopted from the Court of Appeals opinion.
"1. October 16, 1968, plaintiff filed suit against Robert J. Lewis, the principal defendant in this matter, and served a writ of garnishment upon defendant.
"2. October 18, 1968, defendant filed a disclosure which denied liability to the principal defendant.
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