Legal Opinion

Harris v. Harris

Court of Appeals of North Carolina

Decided February 20, 1979No. 7812DC295PublishedCited by 3 opinions

1Opinion of the Court

CARLTON, Judge.

The only question presented on this appeal is the validity of the order of 12 October 1977 dismissing the United States of America as garnishee.

Plaintiff relies on the provisions of 42 USC § 659 to support her contention that the dismissal was improper. We do not agree.

42 USC § 659 provides for a waiver of sovereign immunity, in that the United States of America consents to be joined as a garnishee in garnishment proceedings authorized under state law. Overman v. United States, 563 F. 2d 1287 (8th Cir. 1977); Williams v. Williams, 427 F. Supp. 557 (D. Md. 1976). The statute…

2Cases cited5 opinions

  1. Ralph T. Overman v. United States of America, Fred Hornkohl and Frances OvermanCourt of Appeals for the Eighth Circuit · 1977
  2. Elmwood v. ElmwoodSupreme Court of North Carolina · 1978
  3. Williams v. WilliamsDistrict Court, D. Maryland · 1976
  4. Ward v. Kolman Manufacturing CompanySupreme Court of North Carolina · 1966
  5. Elmwood v. ElmwoodCourt of Appeals of North Carolina · 1977

3Cited by3 opinions

  1. Douglas v. DonovanDistrict Court, District of Columbia · 1982
  2. Authority of Indian Tribal Court to Issue Garnishment Writs Under 42 U.S.C. § 662(e), Department of Justice Office of Legal Counsel1980
  3. Commonwealth ex rel. Caler v. Caler, Pennsylvania Court of Common Pleas, Somerset County1980

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