Liversage v. Gibson

Garnishment in aid of pending suit, Code, § 8052, is a species of attachment; and suit on the garnishment bond, Code, § 8054, may be brought before or after the suit, in aid of which garnishment issues, is determined. Code, § 6214. Dishman v. Griffis, 198 Ala. 664, 73 So. 966.

Such garnishment is “wrongful” unless two facts concur: (1) The existence of a debt or demand in aid of the collection of which garnishment is sued out. (2) Garnishment must be “necessary to obtain satisfaction thereof.”

True, the form of affidavit, Code, § 8053, need only depose that garnishment “is believed to be…