Joski v. Short

YANKWICH, District Judge.

The sole question involved is whether, diversity of citizenship and jurisdictional minimum being present, a garnishment proceeding brought in the State courts can be removed to the Federal Court.

Garnishments are usually considered ancillary remedies in aid of a main action. 28 C.J. 17, 18. However, under the statutes of the State of Washington they are distinct suits which partake of the nature of an adversary controversy, under pleadings joining issue and requiring a judgment, to which the statutes relating to change of venue and appeals apply. Remington’s Revised…