Eidemiller v. Elder
Eidemiller v. Elder
Opinion of the Court
This suit is brought to enjoin the enforcement of a judgment rendered against appellants in garnishment proceedings. The case was tried in the court below and dismissed. Appellants appeal from a judgment dismissing the suit, and assign as error the action of the court in denyipg their .motion for judgment on the pleadings, and in giving judgment dismissing the cause.
The original judgment was for $125.10, and $27.25 costs. The facts were tried to a jury, to which was submitted special findings; and the jury found, among other things, that said garnishee defendants were in possession of personal property belonging to the principal defendant, O. El Edmiston, of the value of $1,500. The court further found that said personal property so found to be in possession of the said garnishee defendants at the time of the service of the writ was, after the service of the writ of garnishment, and prior to said trial, disposed of by said garnishee defendants, and placed beyond their control; that the said garnishee defendants were not able at the time of the trial to produce said property, or to deliver the same to the sheriff for sale to satisfy plaintiffs’ judgment against the principal defendant in the action; that the property found to be in the possession of the garnishee defendants at the time of the service of the writ of garnishment, and which had been placed by them beyond their control, was of the value of more than sufficient to pay plaintiffs’ judgment; that it would be fruitless to order or decree said garnishee defendants to deliver up said property to the sheriff for sale to satisfy plaintiffs’ judgment ; and that the garnishee defendants, by their disposal of said property, had converted the same to their own use, and had thereby made themselves liable to the plaintiffs for the payment of plaintiffs’ judgment against the prin
The judgment is affirmed.
Fullerton, C. J., and Hadley, Mount and Anders, JJ., concur.
Reference
- Full Case Name
- Fred Eidemiller v. S. M. Elder
- Cited By
- 1 case
- Status
- Published
- Syllabus
- GARNISHMENT — ERRONEOUS JUDGMENT-INJUNCTION IMPROPER REMEDY. Injunction, will not lie to restrain the enforcement of a judgment against garnishees, where the court had jurisdiction of the subject-matter and the parties, since the remedy of the garnishees, if a finding of indebtedness to the principal defendant was not justified by the evidence, was the correction of such error by appeal. SAME-MONEY JUDGMENT AGAINST GARNISHEE WHO DISPOSES OF PERSONAL PROPERTY. The fact that garnishee defendants disposed of property of the principal defendant after the service of the writ of garnishment on them would not deprive the court of jurisdiction to make a finding of indebtedness to the principal defendant and enter judgment accordingly.