Januzzi v. Hickman

The sole question presented for our review is whether garnishee Ford may appeal from the municipal court’s order to pay into court. We hold that Ford may not appeal, and therefore we affirm the judgment of the court of appeals.

Prior case law has unequivocally held that a garnishee is not a party to a garnishment proceeding. As stated in the second paragraph of the syllabus in Secor v. Witter (1883), 39 Ohio St. 218, “ * * * a garnishee who is summoned to answer is not a party, nor has he his day in court in that [garnishment] action. His duty is to appear and answer all questions touching the…