Russ v. Bourn

This appeal raises just one question arising out of the following facts: The defendant was employed by the plaintiff; a garnishee execution was served upon the plaintiff requiring him to take out a percentage of the wages from the defendant’s pay. This he did not do. Thereafter the defendant severed his employment; the plaintiff was compelled to pay the amount which he should have deducted and the question is raised: Can he sue the defendant for the amount which he failed to deduct? No explanation is before the court as to why the *89plaintiff failed to withhold the percentage of the wages, but…