Brown v. Ayres

Citations

• 33 Cal. 525

Syllabus

<p>Payment by a Garnishee.—If the judgment creditor assigns the judgment, and the judgment debtor, without notice of the assignment, afterwards pays the same voluntarily to the sheriff by reason of the service of garnishee process upon him, the rights of the assignee are not affected, and he may still enforce the judgment.</p> <p>Payment op the Debt of Another.—Before a person can voluntarily pay the debt of another to whom he is indebted, all the facts authorizing him to do so mentioned in the two hundred and fortieth section of the Practice Act must exist.</p>