Humphrey v. Midkiff

Citations

• 122 La. 939
• 48 So. 331
• 1909 La. LEXIS 624

Syllabus

<p>1. Peoceduee — In Garnishing Garnishee.</p> <p>Interrogatories were propounded. They were answered by an officer of the corporation. They were not satisfactorily answered. They were successfully traversed.</p> <p>2. Garnishment (§ 87*) — Unearned Salary.</p> <p>Although traversed and shown incorrect, it remained that the plaintiff [creditor] was not entitled to the amount claimed.</p> <p>[Ed. Note. — For other cases, see Garnishment, Dec. Dig. § 87.*]</p> <p>3. Garnishment (§ 110*) — Unearned Salary —Service.</p> <p>The writ of garnishment has the effect of seizing the property in esse at the date of the service, and it does not reach out and seize unearned salary at the date the order to answer is^ served.</p> <p>[Ed. Note. — For other cases, see Garnishment,. Cent. Dig. § 231; Dec. Dig. § 110.*]</p> <p>4. Garnishment (§ 164*) — Evidence—Debt.</p> <p>The testimony does not show that anything was due by the garnishee at the date the proceedings were Instituted and service was made.</p> <p>[Ed. Note. — For other cases, see Garnishment, Cent. Dig. § 302; Dec. Dig. § 164.*] '</p> <p>5. Authorities — Unearned Salary.</p> <p>Decision cited by plaintiff considered and distinguished from the case. The salary cannot be reached by anticipation. Work' to be' performed cannot be drawn upon through process of garnishment.,</p> <p>(Syllabus by the Court.)</p>