Page:Federal Reporter, 1st Series, Volume 10.djvu/24

 12 FEDERAL EBPORTER. �from a third party, a stranger to the suit, because that cannot be said to be in the hands of the ofucer in any way. If that construction should be given to the law, it would be necessary that the officer should determine the value of the indebtedness ; the amount and value of it. Now, the garnishee is not required to answer before him; it appears to be optional with him whether he will answer be- fore the officer or corne into court. �Mr. Wells. Your honor is mistaken about that provision. If the party garnished don't give a statemeat of what is in bis hands he is treated as in contempt. �The Court. Well, I doubt whether that is the construction to be put upon the statute. But if that be so, the garnishee may not answer truly; he may deny; and if he admits the indebtedness, he may not admit the full amount. When he denies, it is competent for the plaintifi to meet his deniai, and goto trial upon fhe issue so joined. And if he admits an indebtedness, and the plaintiff contends that he owes more than he admits, he may deny that also, and go to trial upon that, and compel him to pay the full amount that he may be able to show is due from him. So that if the garnishee be compelled to answer before the officer, and does answer, it cannot be said that his answer shall be taken to be true for the purpose of fixing the amount of the bond to be given to the officer in case he be.discharged. �Indecd, it seems to me there is no provision which will be ade- quate and sufficient to secure the plaintifi for the .discharge of a gar- nishee, except it be one to pay the judgment, such as is often found in these statutes regulating attachments; and I think it is very clear, as the statute stands here, that the garnishees are not within its provisions. If the garnishee pays over the money in his hands to the sheriff, then it may be said that that is money collected by the sheriff within the provisions of section 111; and unquestionably when the garnishee pays, the defendant may by giving bond as provided in these sections have that money released and surrendered to him. But I think the sections as they stand are applicable only to prop- erty which is in the hands of the officer, either money or goods; something which he actually holds in his possession. �The motion will be denied. ��� �