Carter v. Los Angeles Nat'l. Bank

Citations

• 116 Cal. 370
• 48 P. 332
• 1897 Cal. LEXIS 554

Syllabus

<p>Attachment — Garnishment — Action by Judgment Creditor against Garnishee.—After execution unsatisfied against the judgment debtor, the judgment creditor may bring an action at law against a garnishee upon whom notice was served under an attachment issued in the action before judgment; and it is not necessary before bringing such action that the garnishee should be required to appear and answer, or that an order should be obtained authorizing the action against the garnishee; and no equitable circumstance need be shown to justify the suit, which is upon a direct liability of the garnishee to the plaintiff in that suit provided for in section 544 of the Code of Civil Procedure.</p> <p>Id.—Statute of Limitations—Defenses of Garnishee and Intervenor. No statute of limitations applies to the liability created by the garnishment; though the garnishee may plead any defense which he may have against his creditor, or that the debt of that attaching creditor has been satisfied, or that he has failed to recover judgment, or that the judgment has been reversed, or has been barred; and any other claimant of the fund in the hands or the garnishee may intervene and plead the latter defenses against the attaching creditor, but neither the intervenor nor the garnishee can plead the statute of limitations to the liability arising distinctively out of the garnishment.</p>