Gardenik'g

See Agriculture. GAIlin:SH.3 1. To warn, make aware, notify. 2. To attach property or a debt due or belonging to a defendant. Garnishee. One warned by legal process in respect to the interest of a third party in property held by him.* One in whose hands money or goods have been attached: he is "warned" not to pay the money nor to deliver the property to the defendant.5 The best reporters do not use garnishee as the verb.^ The person warned is garnishee^; the fund or property is garnished. Garnishment. The process of warning or citation.* Originally, a notice to a person not a party to a suit, to appear in court and explain his interest in the subject-matter of the litigation or to furnish other information. Now, the act or proceeding of attaching money or property belonging to a judgment debtor but in the possession of a third person. Otherwise known as " factorizing,'' •'garnishee," or "trustee process." In the nature of an equitable attachment of the debt or assets of the principal defendant in the hands of a third person. Its object is to reach such assets and apply them in discharge of the principal debt.^ > [Cutter V. Waddingham, ante. ' " [Cartwright v. Cartwright, 18 Tex. 634 (1857), Hemphill, C. J. 3 F. garnir: A. S. warnian. See G. < [Smith V. Miln, 1 Abb. Adm. 380 (1848), Betts, J. 6 [Welsh V. Blackwell, 14 N. J. L. 348 (1834); 3 Jacob, ir.T; Pennsylvania R. Co. v. Pennock, 51 Pa. 254 (1865). = 22 Alb. Law J. 181 (1880). The ofac^ of a garnishment is to apply the debt due by a third person to the defendant in a judgment to the extinguishment of that judgment, or to appropriate effects belonging to a defendant in the hands of a third person to its payment.' There must be a debt due from the garnishee to the defendant in the judgment, payable at the time of the service of the writ, or to become payable. The debt must be at least a cause of action. " The person warned becomes a mere stakeholder, with a right to such defense against the new claimant as he has against the judgment-debtor. The proceeding is substantially an attachment, q. v. It arrests the property in the hands of the garnishee, interferes with the owner's or cf editor's control over it, subjects it to the judgment of the court, and thus operates as a seizure. It is effected by serving notice as directed by statute. 3