Van Ness v. McLeod

Citations

• 3 Idaho 439
• 31 P. 798
• 1892 Ida. LEXIS 30

Syllabus

<p>-Attachment — Garnishee — Defraud Creditors. — 1. An. attachment suit is commenced by the First National Bank of Hailey against Bews, J. W. Hodgman et a!., and the writ of attachment is served upon George A. McLeod, as garnishee. Thereafter Van Ness brings suit against McLeod, on two promissory notes.</p> <p>Notes Transferred to Defraud. — 2. McLeod files a motion supported . by affidavit for a suspension of proceedings in the latter suit, until his liability as garnishee in the attachment suit be determined, alleging that the notes upon which he is sued are the property of Hodgman, and were transferred to Van Ness to defeat and defraud his creditors.</p> <p>Pbocess of Garnishment. — 3. Held, that proceedings in the latter suit should be suspended until the liability of McLeod in the garnishment proceedings are determined. Held, also, that property or debts transferred by a defendant in attachment in fraud of creditors may be reached by the creditors by process of garnishment, although the defendant 'could not recover them himself. Appeal from Alturas county. Judgment reversed.</p> <p>(Syllabus by the court.)</p>