Legal Opinion · Concurrence

Sheahan v. Department of Liquor Control

Ohio Court of Appeals

Decided June 21, 1974No. 7617Published

1ConcurrenceWiley, J.

I concur in the judgment, but do not concur with that portion of the opinion which states that R. C. 3113.21 is substantially and in essence a garnishment statute. I do concur in the definition of the word “garnishment,” and have no quarrel with the legal citations set forth, except the case of McClain v. McClain (1971), 26 Ohio App. 2d 10, wherein the court referred to the provisions of R. C. 3115.23 (now R. C. 3114.21) as “the garnishment provisions.” A garnishment is a form of an attachment and there can be no attachment of property which is not in existence; an attachment will not lie for…

2Cases cited2 opinions

  1. Union Properties, Inc. v. PattersonOhio Supreme Court · 1944
  2. McClain v. McClainOhio Court of Appeals · 1971

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