Hassie v. God is with Us Congregation

Citations

• 35 Cal. 378

Syllabus

<p>Liability of Garnishee. — Unless the defendant in the attachment could have maintained, under the practice at common law, an action of debt or indebitatus assumpsit against the garnishee at the time the process of garnishment was served upon him, the garnishee process does not make the garnishee liable to the plaintiff in the attachment.</p> <p>Garnishment.—An equitable demand cannot be garnisheed—garnishment reaches . only legal debts, which the defendant in the attachment could enforce in his own . name.</p> <p>Demand not Liable to Garnishment.—Where A. contracted with B., in writing, to construct a building for him, and B. agreed to pay a certain sum therefor, . payable in installments, as the work progressed, and C. then contracted with A. to do a part of the work for a sum fixed, to be paid in installments as his work progressed, and A. assigned to C. a part of the money to fall duo on B.’s contract ' equal to the sum to be paid C. : Held, that no such legal demand existed in favor of C. against B. as was liable to garnishment by C/s creditor.</p> <p>Assignment of Debt not in Existence.—An assignment of a debt not in existence is not valid at law. Such assignment creates an equity only.</p>