Legal Opinion

Keith v. Harris

Supreme Court of Kansas

Decided January 15, 1872PublishedCited by 5 opinions

Error from Allen District Court. J. R. Rudisill recovered a judgment in the district court against Wm. C. Keith, which judgment remained unpaid and unsatisfied. Rudisill was indebted to Nelson E. Acers, and Acers brought his action against Rudisill in the district court, obtained an order of attachment, and caused Keith to be summoned as garnishee of Rudisill.

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Error from Allen District Court. J. R. Rudisill recovered a judgment in the district court against Wm. C. Keith, which judgment remained unpaid and unsatisfied. Rudisill was indebted to Nelson E. Acers, and Acers brought his action against Rudisill in the district court, obtained an order of attachment, and caused Keith to be summoned as garnishee of Rudisill. Afterward Rudisill sued out a writ of execution on his judgment against Keith, and the sheriff levied said writ on Keith’s property, and was about to advertise said property for sale, when Keith brought this action against the sheriff…

1Opinion of the Court

The opinion of the court Avas delivered by

Valentine, J.:

Only tAVO questions are presented for con-, sideration in this case. First, can a judgment-debtor be held as garnishee of the judgment-creditor in favor of a creditor of the judgment-creditor, Ashere the two actions are in the same court? We must answer this question in the affirmative. For authorities upon this p>oint* see Drake on Attachments,. §§ 622 to 627, and cases there cited. It is possible there may be some debts, or rather credits, so intimately connected A\dtb other matters that to attempt to subject them to garnishment…

2Cited by5 opinions

  1. Lewis v. BarnettSupreme Court of Kansas · 1934
  2. Elson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1912
  3. Bumgardner v. HalverstadtSupreme Court of Kansas · 1924
  4. Isabelle v. LeblancSupreme Court of New Hampshire · 1895
  5. Priboth v. ChismSupreme Court of Oklahoma · 1917

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