Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    An attachment whereby money or property of a debtor in the hands of third parties, which cannot be levied upon, may be subjected to the payment of the creditor’s claim. See 37 Neb. 849, 40 Am. St. Rep. 522, 56 N. W. 711. A warning; the act of garnishing.

  • Black's Law Dictionary: 2nd Edition

    In the process of attachment. A warning to a person in whose hands the efforts of another are attached not to pay the money or deliver the property of the defendant in his hands to him, but to appear and answer the plaintiff's suit. Drake, Attachm. § 451; National Bank of Wilmington v. Furtick, 2 Marv. (Del.) 35, 42 Atl. 479, 44 L. R. A. 115, 69 Am. St. Rep. 99; Gcorgia & A. Ry. Co. v. Stollenwerck, 122 Ala. 539, 25 South. 258; Jeary v. American Bxch. Bank, 2 Neb. (Unof.) 657, 89 N. W. 772. A "garnishment," as the word is employed in this Code, is process to reach and subject money or effects of a defendant in attachment, or in a Judgment or decree, or in a pending snit commenced in the ordinary form, in the possession or under the control of a third person, or debts owing such defendant, or liabilities to him on contracts for the delivery of personal property, or on contracts for the payment of money which may be discharged by the delivery of personal property, or on a contract payable in personal property; and such third person is called the "garnishee." Code Ala. 1886, § 2994. Garnishment is a proceeding to apply the debt due by a third person to a judgment defendant, to the extinguishment of that judgment, or to appropriate effects belonging to a defendant, in the hands of a third person, to its payment. Strickland v. Maddox, 4 Ga. 393. Also a warning to any one for his appearance, in a cause in which he is not a party, for the information of the court and explaining a cause. Cowell.
    —-Equitable garnishment. This term is sometimes applied to the statutory proceedings authorized in some states, upon the return of an execution unsatisfied, whereby an action something like a bili of discovery may be maintained agninst the judgment debtor and any third person, to compel the disclosure of any money or property or chose in action belonging to the debtor or held in trust for him by such third person, and to procure satisfaction of the judgment out of such property. Geist v. St. Louis, 156 Mo. 648, 57 S. W. 766. 79 Am. St. Rep. 545. See St. Lonis v. O'Neil Lumber Co., 114 Mo. 74, 21 S. W. 484.