§ 532. The Liability of Garnishee Limited by the Amount of the Principal Judgment.-In considering the liability of the party summoned as garnishee, we always have in view his liability in garnishment. The amount of his indebtedness to the principal defendant need only be exactly determined for this purpose, when it is less than the amount of the judgment against the principal defendant. The extent of his liability as garnishee, is the amount for which judgment may be rendered against him in that capacity. This cannot exceed the amount of plaintiff's recovery in the principal action, including costs,1 and this only when the amount of such recovery is still unsatisfied when the judgment in garnishment is rendered.2 The judgment is only in effect that the indebtedness of garnishee to the defendant shall be applied in satisfaction of the indebtedness of defendant to plaintiff; and hence, when this indebtedness is satisfied, in whole or in part, at the time judgment is demanded by the plaintiff against the garnishee, it will be refused or granted only to the extent of the defendant's liability remaining unsatisfied. The rule is quite general, that the attachment plaintiff's judgment in the principal action measures the extent of the judgment against the garnishee.1 But this is true, only for the reason that no one but the plaintiff in that particular case has any interest in such judgment. Where, however, the law provides for a judgment that shall be a final determination of the claim of defendant against his debtor, and allows other judgment and attachment creditors to participate, it is held that judgment shall be entered in favor of the principal defendant, for the whole amount of garnishee's indebtedness, whether the plaintiff's claim be for more or less.5 1 Tyler v. Winslow, 46 Me. 348; Timmons v. Johnson, 15 Iowa, 231; Sickman v. Lapsley, 13 S. & R. 224; Daily v. Jordan, 2 Cush. 390. 2 Thompson v. Wallace, 3 Ala. 132. Price v. Higgins, 1 Littell, 274; Spring v. Ayer, 23 Vt. 516; Hinckle v. Currin, 1 Humph. 74; Gleason v. Gage, Allen, 410; Howard v. Crawford, 21 Tex. 399; Baldwin v. Morrill, 8 Humph. 74; Riddle v. Etting, 22 Pa. St. 412. 4 Doggett v. St Louis etc. Ins. Co., 19 Mo. 201; Hitchcock v. Watson, 18 Ill. 289. 5 Webster v. Steele, 75 Ill. 544; Stahl v. Webster, 11 Ill. 511. See Hitchcock v. Watson, 18 Ill. 289. |
