Menees v. Matthews

Citations

• 197 F. 633
• 1912 U.S. Dist. LEXIS 1467

Syllabus

<p>1. Garnishment (§ 44*) — Property Subject to — Judgments.</p> <p>A judgment recovered in a court of one jurisdiction is not subject to garnishment 'in proceedings in a court of another jurisdiction, and a judgment of a federal court is not subject to garnishment in an action against the judgment creditor in a state court.</p> <p>[Ed. Note. — For other cases, see Garnishment, Gent. Dig. § 90; Dec. Dig. § 44.*]</p> <p>2. Execution (§ 158*) — Stay Against Issuance — Discretion of Court.</p> <p>Where a judgment of one court is levied on under a garnishment writ from another court, the granting of a stay of the issuance of an execution in the original action at the instance of the judgment debtor rests in the discretion of the court, which must ascertain whether the garnishment was prosecuted for a bona fide debt and without collusion with the judgment debtor.</p> <p>[Ed. Note.' — For other cases, see Execution, Cent. Dig. §§ 442-459; Dec. Dig. § 158.*]</p> <p>3. Execution (§ 158*) — Stay Against Issuance — Discretion of Court.</p> <p>Where in actions at law in a state court plaintiff obtained writs of attachment by garnishment for levy on a judgment of a federal court, and on the day the papers in the actions eame into the hands of the sheriff for execution he found the judgment debtors in the office of plaintiff’s attorney, who had been the attorney of the judgment debtors, and he served the garnishment notice in the actions on the same day, date, and hour, except one minute difference in time of service in the cases, and the presence of the judgment debtors at the office of plaintiff’s attorney was unexplained, the court would not grant a stay against the issuance of an execution on the judgment because not satisfied of absence of collusion between the plaintiff and the judgment debtors.</p> <p>[Ed. Note. — For other cases, see Execution, Cent. Dig. §§ 442-459; Dec. Dig. § 158.*]</p> <p>4. Malicious Prosecution (§ 4*) — Execution—Stay—Mistake in Service oe Civil Pr