Legal Opinion

Nash v. Gale

Supreme Court of Minnesota

Decided December 15, 1858PublishedCited by 2 opinions

This was a proceeding in the District Court of Ramsey County, against the Plaintiff in Error, as garnishee of one John O’Sullivan, under Chap. 91, page 405 of the Revised Statutes of Minnesota. Dpon the disclosure before the Referee, the garnishee testified as follows: At the time the garnishee summons in this action was served upon me, Mr. O’Sullivan, the principal Defendant, had been working for me about a week under contract.

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This was a proceeding in the District Court of Ramsey County, against the Plaintiff in Error, as garnishee of one John O’Sullivan, under Chap. 91, page 405 of the Revised Statutes of Minnesota. Dpon the disclosure before the Referee, the garnishee testified as follows: At the time the garnishee summons in this action was served upon me, Mr. O’Sullivan, the principal Defendant, had been working for me about a week under contract. The condition of the contract was, to pay him semi-monthly. I have paid him about a thousand dollars on that contract since the garnishee summons on me, cannot say…

1Opinion of the Court

By the Cou/rt.

Elandrau, J.

The proceedings against garnishees under Chapter 91 of the Revised Statutes, page 405, merely render the garnishee liable to the Plaintiff for the amount of the property, money or effects in his hands or possession, or under his control, or due from the Defendant in such suit, at the time of [the service of the summons upon him, Sec. 3. And such liability cannot be made to extend-to property that may come into his hands, or indebtedness that may accrue subsequent to such service, unless new process is issued and served to secure it.

On a careful examination of the…

2Cited by2 opinions

  1. Phelps v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
  2. Ohio Auxiliary Fire Alarm Co. v. HeisleyCuyahoga Circuit Court · 1893

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