South East National Bank v. Ravin

Plaintiff recovered a judgment for $3642.01 against the defendant. On May 23, 1961 a demand in garnishment was served on defendant and his employer. On May 29, 1961, a garnishment summons was served upon the employer, hereinafter called the garnishee. On a trial the latter’s answer of “no funds” was sustained and it was discharged and judgment entered. Plaintiff, the judgment creditor, appeals.

On May 31, 1961, after the service of the garnishment summons, the garnishee paid its employee $773.74 out of his total monthly salary of $1300. The garnishee deducted from the salary $350 which it…