Warne v. Kendall

Citations

• 78 Ill. 598

Syllabus

<p>1. Garnishment—issue should be made as between the defendant in attachment and, the garnishee. It is irregular to make up and try an issue between a garnishee and the attaching creditor. The issue should be between the defendant in attachment and the garnishee.</p> <p>3. Same—form of judgment. No judgment can be rendered against a garnishee in favor of the attaching creditor, but it must be in favor of the defendant in attachment, which will stand as a security or fund, in which other attaching creditors may participate.</p> <p>3. Same—indebtedness on negotiable note. Where a garnishee has given a negotiable promissory note to the defendant in attachment, which is assigned before its maturity, he will not be indebted to such defendant, but to the holder, and will not be liable to garnishee process in the attachment.</p>