Sun Mutual Insurance v. George Seeligson & Co.

Opinion-by

Stayton, J.

It is true that there can be no valid judgment against a garnishee, unless there be a judgment against the defendant, and for this reason a garnishee is entitled to have an inquiry made as to whether1 or not, when a court has assumed to render a judgment against a defendant, it had jurisdiction over his person and over the subject matter of the suit; for if it had not, the judgment against the garnishee will be no protection to him.

If, however, the court had jurisdiction of the person of *870the defendant, and of the subject matter of the suit, then the garnishee cannot be…