Herrlich v. Kaufmann

Citations

• 99 Cal. 271
• 33 P. 857

Syllabus

<p>Exeoution—Gabnishment—Assumpsit—Ceeditobs’ Bill—Pbooeedinos Supflementaby to Exeoution.—A judgment creditor having an exeoution does not by serving a notice of garnishment upon a person indebted to the judgment debtor acquire a cause of action in assumpsit' against the garnishee, with whom he has no common-law privity or contract relation, neither can he maintain a creditors’ bill in equity against such garnishee to reach the indebtedness. His only proper remedy is by proceedings supplementary to execution, which are in this state a substitute for a creditors’ bill, except in cases where the statutory proceedings would not afford adequate relief.</p> <p>Id. — Obeditobs’ Bill—Remedy at Law—Retuen op Execution Unsatisfied. —Before equity can be invoked in a creditors’ bill, it must be shown that the remedies at law are unavailing, and the bill must aver that an execution has been returned unsatisfied.</p>