Jemison v. Scarborough

Citations

• 56 Tex. 358
• 1882 Tex. LEXIS 41

Syllabus

<p>1. Answer of garnishee, defect in.— Where the answer of a garnishee, taken on commission, and made at a date subsequent to the service of the writ, fails to state his indebtedness, or what effects, etc., he had at the date of the service of the writ, such answer is defective. It is error on such answer to discharge the garnishee.</p> <p>2. Same — Practice, if answer not evasive. — But where the interrogatory, though using the terms of the statute, 'is misleading, and the court is satisfied that the answer, though defective, is not willfully evasive, the answer, if excepted to, should be set aside and a new commission issued.</p> <p>3. Interrogatory — Requisites of — As to effects.— The interrogatory should have required the garnishee to answer as to what effects of one party or the other he had in his possession at the time the writ was served; and what effects of such person, or either of them, he had in his possession at the time of his answer.</p> <p>4. Garnishment, how construed. — The act giving the remedy of garnishment is not liberally construed in favor of the party resorting to the remedy.</p>