Legal Opinion

International Seal Co. v. Beyer

Court of Appeals for the D.C. Circuit

Decided April 6, 1909No. 1972Published

Hearing on an appeal by a garnisb.ee from a judgment of tbe Supreme Court of tbe District of Columbia. The Court in the opinion stated the facts as follows: This is an appeal from a judgment of the supreme court of the District of Columbia against appellant, The International Seal Company, as garnishee of the Grant Manufacturing Company, the principal defendant, against whom judgment by default had been previously entered.

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Hearing on an appeal by a garnisb.ee from a judgment of tbe Supreme Court of tbe District of Columbia. The Court in the opinion stated the facts as follows: This is an appeal from a judgment of the supreme court of the District of Columbia against appellant, The International Seal Company, as garnishee of the Grant Manufacturing Company, the principal defendant, against whom judgment by default had been previously entered. The appellant corporation was served with interrogatories to be answered under oath. Within the time in which it was required to answer there was filed in the case, in its…

1Opinion of the CourtJustice Robb

The sole question here is as to the sufficiency of the disclosure of appellant as garnishee.

Section 447 of the Code [31 Stat. at'L. 1259, chap. 854] in substance provides that the plaintiff may exhibit interrogatories in writing, to be served on any garnishee, and that, “the garnishee shall file his answers under oath to such interrogatories. * * * In addition to the answers to written interrogatories required of him, the garnishee may, on motion, be required-to appear in court and be examined orally under oath touching any property or credits of the defendant in his hands.”

Sections 467 and…

2Cases cited8 opinions

  1. The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
  2. American Soda Fountain Co. v. StolzenbachSupreme Court of New Jersey · 1908
  3. Shaft v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1876
  4. Sawyer v. CoxIllinois Supreme Court · 1872
  5. Commercial National Bank of Charlotte v. HutchisonSupreme Court of North Carolina · 1882

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