Grant County Service Bureau, Inc. v. Treweek

I respectfully dissent from the majority opinion for the reasons hereinafter set forth.

The majority leaves undecided whether personal property in the hands of the garnishee defendant, which he received as a result of a fraudulent transfer from the principal defendant, is subject to garnishment under our present garnishment statute by creditors of such defendant. Nevertheless, the overwhelming weight of authority is that such property is subject to garnishment under similarly worded garnishment statutes. 37 C. J. S., Fraudulent Conveyances, p. 1142, sec. 310. This court, as recently as 1955,…