Penyan v. Berry
Supreme Court of Arkansas
APPEAL from Madison Circuit Court. Henry Glitsch, Special Judge. This is a suit in equity against a garnishee to recover the amount of a debt which he was ordered to pay to the plaintiff in an attachment proceeding, and to obtain a decree for the sale of certain lands mortgaged to secure the garnished debt.
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APPEAL from Madison Circuit Court. Henry Glitsch, Special Judge. This is a suit in equity against a garnishee to recover the amount of a debt which he was ordered to pay to the plaintiff in an attachment proceeding, and to obtain a decree for the sale of certain lands mortgaged to secure the garnished debt. The complaint alleges that the plaintiff’s intestate brought an action in the Benton Circuit Court against S. D. McReynolds, and sued out therein a writ of attachment, under which a debt which- the defendant Berry owed to McReynolds, was attached. That the plaintiff afterwards recovered…
1Per curiam
Garnishment: Effect of order to pay, etc. An order to pay money made by the court upon a garnishee after his failure to appear in the attachment proceedings wherein he was garnished, is not a judgment against the garnishee, and does not determine his liability to pay. Giles v. Hicks, 45 Ark., 271; Ry. v. Richter, 48 ib., 349. The garnishment proceeding is not instituted to settle the question of indebtedness between the attached debtor and third persons (Moore v. Kelly, 47 Ark., 219), and the only effect of the court’s order upon the garnishee is .to confer upon the attaching creditor of his…
2Cited by5 opinions
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