Sun Mutual Insurance v. Geo. Seeligson & Co.

Stayton, Associate Justice.—

It is true that there can be no valid judgment against a garnishee unless there be a judgment against *5the defendant, and for this reason a garnishee is entitled to have an inquiry made as to whether 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 the defendant and of the subject matter of the suit, then the garnishee cannot…