Craig v. Barber Bros. Contracting Co.

Dissenting Opinion.

Smith, C. J.,

delivered a dissenting opinion.

The opinion in chief is based on too narrow a construction of Section 168, Code of 1930. ‘ ‘ Garnishment is a form of attachment by which property of a defendant in the hands of a garnishee, or a debt due a defendant by a garnishee, is seized and applied to the payment of the judgment recovered against the defendant.” National City Bank of St. Louis v. Stupp Bros. Bridge & Iron Co., 147 Miss. 747, 113 So. 340, 341; 4 Am. Juris., Attachment and Garnishment, Section 4. Consequently, in order to carry out the purpose and intent of…