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