The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-10-13
No Zee. for DoeEetins Garni.hm .nss.

No Fees for Doeketing Garnfshm snts.
TACOMA, Oct l2-[specisi. Judge
Pritchard today handed down decision
in the superior court holding that gar
nishment proceedings are auxiliary 10 tho
main complaint and therefore the county
clerk Is not entitled 20 fees for docksting
the same, amounting 10 ~ In each cass.
County Clerk Gordon. of King county, is
said to have drawn the bill under which
fees we're collected. The decision will cut
off over 500 in fees per month in this
county. The decision in substance 10 az
follows:
"This case involves q construction OF the
garnishment Law of 1s93 and OF the Law
providing fees for the clerks Of superior
courts. Kelley applied To the clerk for
writ of garnishment. basing his applica-
ton upon an affidavit setting forth ,hs
fact OF a previous judgment; the clerk de-
manded fee of 81, basing hts demand
upon section 2 of the fee law. which
provides that the plaintiff or other party
shall pay, when the FIRST paper on
his part 10 filed. a fee of 81, and
claiming that under the provisions Of tho
earnishment law the garnishment pro-
ceeding 10 a separate proceeding from the
original action in which the Judgment
Was obtained. Kelley asks for q writ 10
cotnpei the clerk 10 issue ths process with
tions in which garnishment would issue.
Judge Prisehard said, in his opinion, 10
might he proper 20 80 construs 10. but TO-
asmueh as the process may also isnie
whenever a suit Is instituted and appsica-
ton is made. the contention cannot 10
upheld. The clerk contended that the d.
rection Of the law 20 the effect that hrn
the proper affidavit aud bond has
been flied the clerk shall docket the casa
in the name OF the plaintiff and OF the
garBishse "a defendant constituted the
action a separate proceeding, but the court
held that this direction meant simply that
the clerk should docket the case in ths
usual manner. adding the name OF ths
garnishee as 'garnIshee defendant i'm the
appearances docket Of the court. but plac-
iag both proceedings on the trial docket -
tao cases"
Collateral questions were also raised.
One was were fees TO be paid by the an
swerlng gaFnishee. and ia this the eourt
upheld the clerk IN demanding Fee Of sz,
bat tn effect said that tie pasntIh would
ise required 10 pay the fees OF the ansser-
ing gArnisnee by ruling that no tndgmsns
would DO rendered for default
against garnlshee whose Tees
for the answer plaintiff he'd not paid, and
that 40 Judgment would be entered against
the garnisiee for default until Judgment
has been entered against defendant In the
original action. The decision directs the
clerk % Formulate rules governing the
issuance ard docketiug of garnishment
process. AL eounties in the State are in
terested in the decision.
! A Pioneer Farmer nnnkosd ~ shelton.
1nvLrox, Oct i2.--[speeial. p Franklin
puroy. a pioneer taFnsex. Was the victim Of
a gambling game while iutOxicated In
Flizreraidss saloon Monday aight. BY two
worthless characters. scotty IF0nsides ana
Jehn Forbes. lie Nas entlced into the
game aad wss induced 90 sign notes ag-
xregztsng 81. 100 10 pay alleged losses.
When Purdy sObersd up and found what
! lad been done, he made complaint and