Florida Central & Peninsular Railroad v. Carstens

Citations

• 48 Fla. 72

Syllabus

<p>1. Garnishment and claim proceedings are collateral to the main suit; and in the claim proceeding a judgment that the claimant do have and recover' of and from the garnishee the propérty mentioned in both the garnishment and claim proceedings is erroneous.</p> <p>2. Where there are both garnishment and claim proceedings, collateral to a main suit and there is a finding for the claimant, it merely ascertains that the rights of the claimant in the property are superior to those of the plaintiff under his garnishment, and the finding does not authorize a judgment for the claimant against the garnishee for the property.</p>