Madden v. Union Pacific Railroad

Citations

• 89 Kan. 282
• 131 P. 552
• 1913 Kan. LEXIS 53

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Garnishment — Process Abused — Remedy by Execution. Under the circumstances stated in the opinion it is held that a judgment creditor should have seized property of his debtor, which had been delivered to a railway company for transportation but which still remained at the carrier’s warehouse, by execution, although one execution had been issued and returned unsatisfied; and that it was an abuse of the remedy given by section 6524 of the General Statutes of 1909 (garnishment after the return of execution unsatisfied) for the creditor to attempt to impound the property in the possession' of the carrier by garnishment proceedings.</p>