Moody & Williams v. Dye

Citations

• 125 Miss. 770
• 88 So. 332

Syllabus

<p>1. GARNISHMENT. Judgment against garnishee extinguished on reversal of main judgment.</p> <p>A judgment against a garnishee is incidental to, and dependent upon, the main judgment, and cannot stand where the judgment in the main action has been annulled by reversal.</p> <p>2. Judgment. Suit to restrain execution of judgment against garnishee direct attach.</p> <p>Where a judgment against a garnishee is extinguished by the annulment of the main judgment, the garnishee may enjoin execution of the judgment against him; such attack being direct and not collateral.</p> <p>3.. Judgment. Offer of equity unnecessary before garnisfiee may have relief against extinguished judgment.</p> <p>Where a judgment against a garnishee has become invalid because the judgment in the main action has been annulled by reversal, it is not incumbent upon the garnishee to offer to do equity to the assignee of the judgment before he is entitled to relief against the extinguished garnishment judgment.</p>