Markman v. Becker

Appellant states the issue thus:

“Does a garnishment action survive the death of the principal defendant when the principal defendant dies after the service of garnishee summons and complaint but prior to judgment thereon?”

If there is any difference in the statement of the question, respondent’s statement of the question is more accurate:

“Does a garnishment action, commenced by proper personal service upon the principal defendant and upon the garnishee defendant, abate upon the death of the principal defendant after service but before judgment where the liability of the principal defendant to…