Barkley v. Kerfoot

Citations

• 77 Wash. 556
• 137 P. 1046
• 1914 Wash. LEXIS 942

Syllabus

<p>Garnishment — Liability of Garnishee — Contingent or TJnmatubed Debts — Rents to Fall Due. Where rent under a written lease has been paid to a judgment debtor for the current month in advance, the tenant cannot be held as a garnishee for installments of rent falling due after service of the garnishee process, under Rem. & Bal. Code, § 693, providing that a garnishee may be held if indebted to the principal defendant and such indebtedness has not matured and is not yet due and payable, the same to be paid into court when due; since this only covers indebtedness existing at the time of the garnishment, and a covenant to pay future installments of rent is too uncertain and contingent to be a present absolute indebtedness within the meaning of the statute.</p>