Sec. 52-333. Liability of garnishee for not appearing.
Sec. 52-333. Liability of garnishee for not appearing. If any garnishee, cited in
to disclose before a court held in a town other than that in which he resides, was not
indebted to the defendant and had no effects of the defendant in his possession when
the writ was served upon him, it shall be a sufficient excuse for his not appearing before
such court if he files therein on the return day of the writ his affidavit stating such facts;
but if any garnishee, when cited in to disclose, fails to appear without reasonable excuse
or refuses to disclose on oath whether he has any effects of the defendant in his possession
or is indebted to him, then, if the plaintiff brings a scire facias against him on a judgment
recovered against the defendant in the suit, judgment shall be rendered against such
garnishee personally for the costs accrued on the scire facias, though it appears that he
had no effects of the debtor in his possession and was not indebted to him.
(1949 Rev., S. 8078.)
Return that garnishee "failed to disclose that he was indebted" will not prevent award of costs to him. 81 C. 622.