Black Hills Telegraph & Telephone Co. v. Mitchell

Citations

• 11 S.D. 615
• 79 N.W. 999
• 1899 S.D. LEXIS 55

Syllabus

<p>Laws 1893, Chapt. 96, provides that, if the garnishee fails to appear and answer, plaintiff may proceed against him in an action in his own name, as in other cases. Held, that a garnishee who fails to answer the summons in garnishment may, when sued by plaintiff, justify his payment of the money to defendant after garnishment, on the ground that defendant had claimed it as exempt.</p>