Cairo & St. Louis Railroad v. Hindman, Michælis & Co.

Citations

• 85 Ill. 521

Syllabus

<p>1. Garnishment—liability must be clear. It is the' doctrine of this court, that judgment shall not go against a garnishee except where a clear indebtedness is shown as existing at the time of the service of the garnishee process.</p> <p>3. Where a garnishee, in his answer, shows that prior suits are pending against him in which his indebtedness to the defendant in attachment is involved, so that it is impossible for him to state what amount, if anything,</p> <p>he may owe when the prior litigation is adjusted, and no issue is taken upon the answer, it is error to render judgment against the garnishee.</p> <p>3. Same—liability on answer. Where no issue is made up on the answer of a garnishee, unless it clearly makes him chargeable, he should be discharged.</p>