Barkley v. Kerfoot

Appellant, having obtained a judgment against Kerfoot, garnisheed respondent Pinckney, who was a tenant of Kerfoot’s under a written lease with rent payable monthly in advance. The rent for the current month having been paid at the time of the issuance and service of the garnishment, the garnishee was discharged, and Barkley appeals, contending that the garnishee should be held under the writ for future installments of rent to become due under the lease.

We cannot so hold. The general rule is that a creditor can obtain no greater relief against a garnishee than exists in favor of the debtor.…