GARNISH, GARNISHMENT, GARNISHEE (Fr. garnir, to furnish). In English law, to garnish is to warn, and garnishment signifies a warning given to one for his appearance in court. But garnishment in its more usual sense is -applied to the ,notice which a person sued in an action of definite, and pleading the interest of a third party, is entitled to require to be served on that party. By the custom of London and certain other towns, a practice has existed from time immemorial, whereby a plain-• tiff suing in the local court was entitled to attach the property of the defendant in the hands of a third person, who was called the garnishee. See FOREIGN AT TACHMENT. But until the passing of the common law procedure act, 1854, there existed no means in England whereby a creditor could attach the property of his debtor in the hands of third persons in direct satisfaction of his claim, By that and a subsequent statute, it is now provided, that any one having obtained a judgment in one of the superior courts at Westminster, .may yegyire his debtor to be examined as to the
debits due him, and unless a judge thinks it is vexatious, all debts owing to him by third parties, called garnishees, may be attached in satisfaction of the plaintiff's claim. If the garnishee pay, he is forthwith discharged of the debt to his creditors, but if he fail to pay, and does not dispute the debt, the judge may order execution against him. It is to he observed that, under this statute, garnishment can still be obtained only where judgment has been obtained. Debts due to a defendant during the currency of an action, therefore, cannot be attached. In this respect, the remedy is less effectual than the custom of foreign attachment. In Scotland, debts due to a defender maybe attached, both after judgment and on the dependence of an action. See ARREST3IE\T.