Walsh v. Lewis Swimming Pool Construction Co.

We are here concerned with the propriety of a judg ment of condemnation entered in favor of an attaching creditor, appellee, Lewis Swimming Pool Construction Co., Inc. (Lewis), against appellant, John P. Walsh (Walsh), as garnishee. We shall reverse the action of the trial judge. The facts will be developed in the course of the opinion;

In an attachment action the test of the liability of the garnishee is whether he has funds, property or credits in his hands, the property of the debtor, for which the debtor would have the right to sue. Peninsula Insurance v. Houser, 248 Md. 714, 717, 238 A.…