gno.law

Norris v. Burgoyne

California Supreme Court · · 1854-10-15 · Published · 4 Cal. 409

SAMUEL NORRIS v. WILLIAM M. BURGOYNE and JOHN V. PLUME

Area
civil
Panel
Heydeneeldt (author), William J. Murray, Jr.

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Heydeneeldt

Mr. Justice Heydeneeldt delivered the opinion of the Court.

Mr. Oh. J. Murray concurred.

A garnishee can only be required to answer as to his liability to the debtor defendant, at the time of the service of the garnishment. In this case the garnishment was served on the 12th of March. The jury find that the garnishees had money of the defendants, subsequent to the 12th of March. This finding will not support the judgment, because the garnishment is an attachment of existing debts, and what does not exist cannot be attached.

The judgment is reversed, and the cause remanded.

Cited by