Swift & Co. v. Centerville Co.

The facts of this case are admitted, and only a question of law is presented for decision, viz. Can officers of a corporation, in possession of corporate property, in their capacity as officers of the corporation, be garnisheed quoad such property by a judgment creditor of the corporation?

Only third persons, not defendants in the suit or in execution of a judgment, can be garnisheed under the provisions of articles 242 and 642 of the Code of Practice. Article 242 is as follows:

“The property of a debtor may be attached in the hands of third persons by his creditor, in order to secure the…