Process Of Garmishment

English Law: Process of Garmishment in the Past

It was formerly the practice to deposit deeds and other things in the hands of third people, to await the performance of covenants, upon which they were to be re-delivered to one of the parties. When one of the parties contended that he was entitled to such things and the other denied it and the claiming party brought an action of detinue for them, the defendant could in terplead and thereupon he prayed for a monition or notice to compel the other depositor to appear and become a defendant in his stead. This was called a process of garnishment. 3 Reeves, Hist. Eng. Law, eh. 23, p. 448. [1][rtbs name=”history-of-english-law”]

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Notes and References

1. Partialy, this information about process of garmishment is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including process of garmishment.

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