Sec. 52-334. Disclosure by garnishee.
Sec. 52-334. Disclosure by garnishee. The court may examine upon oath any garnishee cited in to disclose as to whether, at the time of the service of the foreign attachment, he had effects of the defendant in his hands or was indebted to him, and may hear
any other proper evidence respecting the same. If it appears that such garnishee had no
effects of the defendant in his possession or was not indebted to him, he shall recover
judgment for his costs; but, if it appears that such garnishee had in his possession effects
of the defendant or was indebted to him, the court shall ascertain the amount, and the
same shall, if the plaintiff recovers judgment and brings a scire facias against the garnishee, be prima facie evidence of the facts so found; but the defendant shall then have
a right again to disclose on oath, and the parties may introduce any other proper testimony
regarding such facts. If the plaintiff in such action by foreign attachment withdraws his
suit or fails to recover judgment against the defendant, such garnishee shall be entitled
to judgment for his costs.
(1949 Rev., S. 8079.)
A finding that the garnishee is not indebted, no bar to a scire facias. 26 C. 605. Motion in error does not lie for errors
in taking disclosure. 27 C. 519. The finding upon a disclosure by the garnishee is not a judgment. 67 C. 258. Disclosure
by garnishee is not a pleading; cannot be considered on plaintiff's demurrer to principal defendant's plea to the jurisdiction.
107 C. 553. Cited. 122 C. 171.