Smith v. Marker

Citations

• 154 F. 838
• 85 C.C.A. 372
• 1907 U.S. App. LEXIS 4596

Syllabus

<p>1. Garnishment — Contingent Indebtedness will Not Sustain.</p> <p>It is indispensable to the liability of a garnishee to the plaintiff that the former’s debt to the defendant be owing absolutely, so that the duty to pay it is not contingent on the happening of any future event, at the time the garnishee summons is served.</p> <p>[Ed. Note. — Eor cases in point, see Cent Dig. vol. 24, Garnishment, § 83.]</p> <p>2. Same.</p> <p>But it is not necessary, in the absence of a statute to that effect, that the debt .be due at that time.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 24, Garnishment, § 78.]</p> <p>(Syllabus by the Court.)</p>