Schuler v. Israel

Syllabus

<p>A judgment recovered in one court may be pleaded as a defence- to a suit on the same cause of action pending in-another when by law the cause of action is merged in the judgment.</p> <p>A garnishee has a right to set up any defence against the attachment process which he could have done against the debtor in the principal action; and if the debtor be insolvent, and owes the garnishee on a note not due for which he has no sufficient security, he is not bound to risk the loss of his debt in answer to the garnishee process.</p>