Thorp v. Preston

Thorp and Yogel were 'summoned as garnishees in a suit in favor of David Preston and John L. Harper against Edward A. Elliott. Each of them was shown to be a tenant of Elliott, under leases to run for sometime thereafter. All rent was paid which had accrued up to the time of garnishment. A receiver was appointed to receive the rents, and ultimately these were made the basis of a judgment against each garnishee.

The statute declares that no person shall be adjudged a garnishee “ by reason of any money or other thing due from him to the principal defendant, unless it be at the time of the…