GARNISHMENT (from garnish, from OF. garnir, guarnir, irarair, Fr. garnir, from OHG. tcaniOn, Ger. seamen, AS. tcearnian, Eng. warn). A process by which chattels, rights, or credits belonging to the defendant in an action, but which are in the possession of a third person. are seized and applied to the plaintiff's claim. The peculiarity of the process is indicated by the etymology of the term: garnishment meaning a warning or notice given to the third person not to pay money or turn over property to the defendant. It has been called an equitable at tachment of the claims or assets of a defend ant in the hands of a third person. It is not a common-law process, and is regulated by statute in the States where it exists. Such statutes are, as a rule, strictly construed, and their requirements must be fully and fairly com plied with by a plaintiff who would take advan tame of them. It is held that only such property in thehands of the third party—the garnishee— is liable to this process as is not incumbered with trusts, and such as may be handed over or paid by the officer executing the process, under the order of the court and free from incumbrances, which can be properly determined and adjusted only by equity tribunals. Garnishment proceed ings reach only such debts as are owing to the defendant at the time the process is served. A judgment obtained in a Federal court cannot be garnisheed in an action in a State court. Such
garnishment would operate to oust the Federal court of its proper control over its own judgments. Debts owing by a public corporation to the de fendant are not garnishable. If they were, municipal authorities might be compelled to oc cupy their time over contests in which the public had no interest. It may be laid down as a gen eral rule that a person deriving his authority from the law to receive and hold property cannot be garnisheed for the same while holding it in that capacity.
As soon as the process of garnishment is duly served, the garnishee holds the property as a stakeholder or trustee. Accordingly, garnish ment is known in some States as 'trustee process.' Consult Rood, Garnishment (1896), and the au thorities referred to under ATTACHMENT.
GARO (gdfro) or GARROW HILLS. Moun tains overhanging the valley of the Brahmaputra (Map: India, F 3), which give their name to a western district of the Hill Division of Assam (q.v.), 3150 square miles in area,. and reach their highest altitude at 4650 feet. The region has deep and extensive valleys, well watered and very fertile. Dense forests containing valuable sill trees, cover the hills, and coal is found in large quantities. Population of disttict, in 1891, 121, 570; in 1901, 138,300. . See GAROS.