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Show CASES ON APPEAL I are mm UPON At tho Same Time, Jab Is Taken at the Collect ion Agencies. H GARNISHMENT QUESTION CUTS FIGURE IN CASE Held That Jnstice Courts Can-not Can-not Garnishee Wages of Creditors. I In docidinp three cases on appeal from Justice C. F. Dumnd's court at Murray, .Tuclces Morris L. Ritchio nud Thomas D. Lowis of tho district court, Saturday, svratted tho collection apen-cies apen-cies that have been standing in -with the petty justice courts and enforcing collections through garnishees with a mailed hand. Tho district court held tho garnisheo ."judgments null and void, and that the garnisheo cannot pay over to tho plain-tit! plain-tit! creditor money belonging to tho defendant debtor " hold by tho garnishee gar-nishee defendant under a writ of garnishment-issuod by a justice court, for tho reason that a" justice court is not a court of record and the garnisheo would not bo protected against tho claim of the defendant debtor. This party might sue and recover from the garnishee the monc or goods attached by tho plaiutifF in the action and thus tho garnishee would be tho loser. A judgment in a justico court is not sufficient to support a garnishment garnish-ment process and the garnishment servod thcreuudor is without forco and effect, it is held. It is safe to assumo that ihero will bo remarkably few attempts at-tempts mado in justices courts hereafter to garnishee wages of employees of corporations for debts. Where Trouble. The trouble has been that somo of tho justices courts have, at the behest of the petty collector, disregarded section sec-tion 30G4 of tho statutes, which provides pro-vides for tho issuanco of a writ of attachment at-tachment upon fivo grounds, chiof of which is tho evident intent of tho defendant de-fendant to Jc.ivo the state to defraud the creditor, and havo tried tho caso in question, entered judgment against the debtor and issued a writ of at-tac' at-tac' ment or garnishment after tho caso lias been tried. The justice court, not being a court of record, cannot garnisheo gar-nisheo wages or go6ds upon attachment proceedings had after tho trial of tho caso. it is linld. IThe cases upon which this point hinged were: Dr. J'. M. Harrison agaiust M. P. Gcrmo and Salt Lako county, as garnisheo; .Tames 1 Kane against 31. 33. Christenscn and thoCom-mercial thoCom-mercial National bank, as garnishee, and T. E. Laing against M. P. Gcrmo and Salt Lake connty as garnishee. In the cases of Germo tho justico court garnisheed his wages for jury servico to satisfy debts owing the plaintiffs, and in tho case of Kane, garnisheed money on deposit at the bank to satisfy sat-isfy a debt owing tho plaintiff. Only $9 was involved in this caso. Tho garnishees gar-nishees were discharged in each instance. |