Legal Opinion

Margrave v. Craig

Nevada Supreme Court

Decided December 30, 1976No. 8300PublishedCited by 2 opinions

1Opinion of the Court

OPINION

2Per curiam

In December, 1974, the district court awarded respondent *761a garnishment judgment against appellants pursuant to an October, 1967, garnishment order. This Court previously considered the propriety of the 1967 garnishment order in Craig v. Margrave, 84 Nev. 638, 446 P.2d 653 (1968). Appellants here contend that, because no garnishable debt existed in 1967, no garnishment order could be given, and thus, the judgment based on the 1967 order is invalid. We agree.

At the time of garnishment, the garnishee’s obligation to the defendant must be fixed, definite, and absolute. See: Weir v.…

3Cases cited6 opinions

  1. Weir v. GalbraithArizona Supreme Court · 1962
  2. American Nat. Ins. Co. v. United States Fidelity & G. Co.Mississippi Supreme Court · 1968
  3. Dawson v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1950
  4. Craig v. MargraveNevada Supreme Court · 1968
  5. Washburn v. AndrewSupreme Court of Kansas · 1972

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4Cited by2 opinions

  1. Overman v. OvermanTennessee Supreme Court · 1978
  2. Union Bank v. Federal Deposit Ins. Corp.Nevada Supreme Court · 1995

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