11-35-1 - When issued on judgment or decree.
§ 11-35-1. When issued on judgment or decree.
On the suggestion in writing by the plaintiff in a judgment or decree in any court upon which an execution may be issued, that any person, either natural or artificial, including the state, any county, municipality, school district, board or other political subdivision thereof, is indebted to the defendant therein, or has effects or property of the defendant in his, her or its possession, or knows of some other person who is indebted to the defendant, or who has effects or property of the defendant in his, her or its possession, it shall be the duty of the clerk of such court to issue a writ of garnishment, directed to the sheriff or proper officer, commanding him to summon such person, the state, county, municipality, school district, board or other political subdivision thereof, as the case may be, as garnishee to appear at the term of court to which the writs of garnishment may be returnable, to answer accordingly.
Sources: Codes, Hutchinson's 1848, ch. 62, art. 7 (1); 1857, ch. 61, art. 313; 1871, § 874; 1880, § 1738; 1892, § 2130; 1906, § 2337; Hemingway's 1917, § 1932; 1930, § 1838; 1942, § 2783; Laws, 1936, ch. 321; Laws, 1990, ch. 378, § 1, eff from and after July 1, 1990.