McGill v. Bone

Citations

• 21 Miss. 592

Syllabus

<p>Where a judgment is obtained in the name of A. against B., a garnishment thereon cannot legally be sued out by C. in his own name, as the alleged assignee of A., against a debtor of B., to compel him to appear and answer what he owes B.; and if the debtor, when thus garnisheed, make the objection at the proper time, the process of garnishment will be quashed; yet if, without making any objection to the form of the process, or questioning the right of the assignee to sue it out, he appear and answer how much he owes the defendant in the original judgment; and the alleged assignee of that judgment take judgment in his own name against the garnishee for the amount thus disclosed to b'e due, it will not be erroneous; nor will the judgment thus taken be set aside.</p>