Union Pac. R'y Co. v. Gibson

Bissell, C.

This was a proceeding in garnishment, instituted by Bailey, as a judgment creditor of Gibson, to collect from the railway company the money claimed- to be due from it to Gibson. In the county court, from which, by appeal, the case comes here, judgment was rendered against the railway company for $30 and costs.

Under the law which determines and limits the liability of garnishees, the judgment against the company cannot be maintained. According to the settled rule governing such cases, the liability of the garnishee must be made affirmatively to appear in order to justify a judgment…