Kerr v. Edgington
Kerr v. Edgington
Opinion of the Court
The judgment in this case should not have been entered. The proceeding was themere taking of the answers of the garnishee. That he intended to deny that he had any money belonging to Kennedy or was indebted to him is clear.' Nothing more can be said of the facts than that they leave the conclusion doubtful. There is no way to account for the conclusion of the court below, except to disregard the intention of the garnishee to deny a liability, as it appears from his answers, and, by construing his statements, reach a different conclusion. Such a course is not authorized in such a proceeding. No issue is formed, and, in a sufficient sense, no trial is had. The object of such a proceeding is to see if the garnishee acknowledges a liability in •some form, or states facts to clearly authorize such a finding. It is said in Hibbard v. Everett, 65 Iowa, 372, in such a proceeding, speaking of a garnishee, that, “to hold him liable,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.