In any action by a defendant against a garnishee based on any indebtedness of the garnishee or on possession of any personal property, it is a conclusive defense for the garnishee to show that the indebtedness was paid or the personal property delivered under judgment of the magistrate court in a garnishment proceeding.
History: 1953 Comp., § 36-14-10, enacted by Laws 1968, ch. 62, § 142.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 357 to 390.
Estoppel of garnishee or surety on delivery bond to deny indebtedness to principal defendant, by judgment against the latter which garnishee, surety, or latter's reinsurer sought to prevent, 27 A.L.R. 1543.
Liability of garnishee to garnishing creditor for depreciation in value of property pending contest, 32 A.L.R. 572.
Payment under void order in garnishment proceedings as protection to garnishee, 49 A.L.R. 1411.
Liability of garnishee to garnishor where former pays debts or releases property pending defective garnishment proceedings, 89 A.L.R. 975.
38 C.J.S. Garnishment § 230 et seq.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
