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· 6/14/1909

Edward Thompson Co. v. Durand

Citations

  • 124 La. 381
  • 50 So. 407
  • 1909 La. LEXIS 472

Syllabus

<p>1. Garnishment (§ 162*) — Property Subject.</p> <p>The garnishment proceeding was directed against whatever funds of the defendant debtor the garnishee had in his hands.</p> <p>2. Garnishment (§ 162*) — Answer—Defendant Not a Party.</p> <p>The answer of the garnishee was that he had no funds for the defendant; that he had funds for a corporation of which the defendant is the asserted president.</p> <p>3. Garnishment (§ 162*) — Answer — Evidence.</p> <p>As the garnishee disclosed for whose account he held the funds, it was incumbent upon the judgment creditor to prove contradictorily that the defendant (judgment debtor) is the owner.</p> <p>This was done.</p> <p>(Syllabus by the Court.)</p>

Judges: Breaux

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