Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-05-18
Garn;shment Mode Of Attachment


til he has had an opportunity to show
cause against the same.
After answer the Earnishee may OK
onsrate himself from further liability
by paying over to the sheriff or con-
stable the amount owing by him to
the defendant or placing at their dis
posal the property OF the defendant, or
no much of said debts and property
a. IL equal to the value of the property
to be attached.
When the Karnishee has answered
the interrogatories propounded to him,
the plaintiff may by suitable pleading
controvert them or set up facts show
| ing that the debt or property with
which it IL sought to charge the gar
nishee Is exempt from execution or
for any other reason IL not liable Tor
the plaintiffs claim. When the plead
ings come to an Issue the trial pro-
ceeds In the ordinary manner.
II the debt or property or any part
thereof Is found to be exempt or not
liable the garnishee Is discharged.
Otherwise the garnishee Is held liable
and the plaintiff may have Judgment
against the garnishee. But no tuds-
mont shall be entered against the gar
nishee until the principal defendant
shall have had ten days notice OF tho
earnishment proceedings. such notice
to have been served in the same man.
ner - original notices. Any irregu-
iarity In tho1ervice Of process Is fatal
and there can be no Judgment against
the garntshec until the tud gment -
rendered against the defendant. There
can be no execution Of the Judgment
until the debt IL due the principal de-
III. earsishsa'. Liability.
A Earnishee' . liability 10 a creditor
OF principal defendant Ia conditioned
upon his liability to the defendant
The creditor can occupy no better posi-
ton with reference to the garnishee
than the defendant. In other words.
the person garnished Is only liable to
the extent of the amount for which
he fs Indebted. AS stated above.
thou Oh. IL the garnishee is duly sum
moned and witness fees are rendered
him when demanded and he fails to ap-
pear and answer the questions wnlcn
are profounded to him without sum-
cient excuse he shall be presumed to
be Indebted to the defendant to the full
amount OF the plaintiTs demand The
garnishee may 1nterpose as defense
that the debt is not owing to the de-
PENDANT in his individual capacity. that
It was assigned before the service OF
the writ or that he himself has a set
OF or counter claim against the de-
PENDANT. But whenever the garnichee
IL served with a notice Of garnish.
ment he Is under the duty TO be or
the lookout. For instance. II the gar
nishee allows Judgment to go against
him in excuse TO his Indebtedness and
does not appeal therefrom he can not
be relieved even on payment OF tho
amount actually due.
Who Nay b oarnishsd.
A sheriff or constable Judgment
debtor OF the defendant an executor for
money due from the decedent. an Off
Ger OF the court, = corporation: In fact
any individual or organization holding
property for which It II indebted to
the defendant may BE- garnished. The
one exception to this IL I political or
municipal corporation but they may be
xaruished siEce IL IL optional with them
and not the defendant whether they VIII
take advantage Of the privilege granted
| them By statute. An agent or trustee
of the debtor. however. can not %
garnlshed because the property Is vir-
| tuaHy held for the debtor.
Next week "Garnishmenf NO. 2.