Smith v. Dysard Construction Co.

1. A garnishing creditor can not complain that the garnishee, to whom the defendant in fi. fa. is largely indebted, pays to the defendant after the service of the summons of garnishment, a sum of money less than the garnishee’s demand against the defendant, and which the garnishee could have held in partial payment of his demand, though the plaintiff in the garnishment may require that the funds so paid to the defendant shall operate to extinguish, pro tanto, the claim of the garnishee against his debtor. If the alleged indebtedness of the defendant to the garnishee is not in fact a just…