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69 Ark. 617

Johnson v. Foster

Supreme Court of Arkansas

Decided November 2, 1901

Supreme Court of Arkansas · decided 1901-11-02

E. G. Mitchell, Judge, STATEMENT BY THE COURT. Appellants filed in the Boone circuit court their complaint against appellee James A. Foster, defendant below, to recover $260 for breach of contract, and at the same time filed affidavit, bond, and. interrogatories for garnishment against appellee 0. L. Scott, and caused a writ of garnishment to be issued and personally served upon him.

Relies on Chicago Ry Co v. Sturm · Theophilus King v. John a Cross · Berry Bros. v. Nelson Davis & Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1901-11-02

How this case has been cited

Cited by 9 later decisions — most recently June 1970

9 state decisions

3019011910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Wood, J.,

¶1(after stating the facts). The court erred.

¶2Appellants had met every requirement of jurisdiction under the act of April 19, 1895. Service of the writ creates a lien in favor of the plaintiff upon the money due from the garnishee to the defendant. Little Rock Traction & Electric Co. v. Wilson, 66 Ark. 586. The proceeding is analogous to that of. the attachment of property of a nonresident defendant. Here the res, so to speak, is the money due from the garnishee to the defendant. Service of the writ seizes that in the hands of the garnishee, and holds it subject to the payment of the claim of the plaintiff against the defendant, to the extent only that it may go, and, after constructive service upon the defendant and personal service of the writ, the court may proceed to- ascertain the amount due from the defendant to the plaintiff and to adjudge that the money due from the garnishee to the defendant shall go pro tanto, if necessary, in satisfaction of the plaintiff’s claim. Chicago, R. I. & P. R. Co. v. Sturm, 174 U. S. 710, and cases cited; King v. Cross, 175 U. S. 396; Berry v. Davis, 13 S. W. 978; Spalding v. Wayne, 45 S. W. 770. See also Kansas City, P. & G. R. Co. v. Parser, ante, p. 401.

¶3Of course, personal judgment can not be rendered against the defendant, and the bond fully protects-him.

¶4Reversed, with directions to reinstate the cause.

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