Griffin v. Prince

OPINION

HARBISON, Chief Justice.

In this case an individual creditor of a husband, Harold Prince, has attempted to garnish deposits of Mr. Prince and his wife, Betty Jane Prince, in a joint checking account and a joint savings account. The trial court held that the entire proceeds of both accounts were subject to the garnishment. The Court of Appeals held that presumptively only one-half of the amount in each account was subject to the debts of the husband, but remanded to allow the creditor or the wife of the debtor an opportunity to overcome the presumption.

In our opinion the garnishment…