Fitzgerald v. Hollingsworth
Nebraska Supreme Court
Error to the district court for Lancaster county. The case was one wherein Hollingsworth caused a garnishee process to be served upon the plaintiff Fitzgerald, on the 15th of September, 1880, in a suit wherein Ezra Lines was defendant and Hollingsworth plaintiff, claiming that Fitzgerald was indebted to Lines on a contract for grading. Judgment below before Pound, J., in favor of Hollingsworth. cited: Taylor v. B. & M. It.
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Error to the district court for Lancaster county. The case was one wherein Hollingsworth caused a garnishee process to be served upon the plaintiff Fitzgerald, on the 15th of September, 1880, in a suit wherein Ezra Lines was defendant and Hollingsworth plaintiff, claiming that Fitzgerald was indebted to Lines on a contract for grading. Judgment below before Pound, J., in favor of Hollingsworth. cited: Taylor v. B. & M. It. JR., 5 Iowa, 114. Dwight v. Banlcs, 10 Met., 58. Grant v. Shaw, 16 Mass., 341. Squair v. Shea, 26 Ohio State, 645. When a party would seek to avoid responsibility and…
1Opinion of the Court
Lake, Ch. J.
It is very clear that the rights of an attachment creditor against a garnishee are not at all superior to those of the debtor himself. If the latter had a right of action against the person garnished, the former may have one also under see. 225 of the code of civil procedure, but not otherwise. Garnishment changes the liability of the garnishee in but one particular, viz., the person to whom he must make payment of whatever is due; respecting all things else his obligations remain unchanged'.
The money sought by this garnishment was earned by the attachment debtor, under a contract…
2Cited by3 opinions
- Darr v. LongNebraska Supreme Court · 1981
- Cockins v. Bank of AlmaNebraska Supreme Court · 1909
- Hollingsworth v. FitzgeraldNebraska Supreme Court · 1884