Nev. Rev. Stat. » NRS: CHAPTER 31 - ATTACHMENT, GARNISHMENT AND OTHER EXTRAORDINARY REMEDIES

Nev. Rev. Stat. § 31.340

New matter in plaintiff’s reply deemed denied; trial; judgment; costs; attorney’s fees

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NRS 31.340  New matter in plaintiff’s reply deemed denied; trial; judgment; costs; attorney’s fees.  New matter in the affidavit replying to the answer of the garnishee shall be taken as denied or avoided, and the matter thus at issue without further pleadings shall be tried in the same manner as other issues of like nature, and upon the verdict or finding thereon, judgment shall be entered the same as if the garnishee had answered according to such verdict or finding; but if the verdict or finding is as favorable to the garnishee as the garnishee’s answer, the garnishee shall recover costs of the proceeding against the plaintiff, together with a reasonable attorney’s fee, otherwise the plaintiff shall recover costs against the garnishee, together with a reasonable attorney’s fee.

      [1911 CPA § 237; RL § 5179; NCL § 8735]—(NRS A 1973, 1187)

     

Notes of Decisions
Cited in 5 cases, 1986–2014 · leading case: Frank Settelmeyer & Sons, Inc. v. Smith & Harmer, Ltd.
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Frank Settelmeyer & Sons, Inc. v. Smith & Harmer, Ltd. (2008) nev “330 (governing answers); NRS 31.340 (governing trial); NRS 31.350 (governing interpleader in the “garnishee action” when the garnished property is claimed by a third party); NRS 31.”
Board of Trustees of the Vacation Trust Carpenters Local No. 1780 v. Durable Developers, Inc. (1986) nev · cites it 2× “Although the district court did not specify the statutory basis for its award of fees, NRS 31.340 provides in pertinent part: [I]f the verdict or finding is as favorable to the garnishee as his answer, he shall recover costs of the proceedings against the plaintiff, together…”
Crutchfield v. Marine Power Engine Co. (2009) okla “340 (2009)(if the plaintiff recovers less than or equal to the amount in the garnishee's answer, the garnishee shall be awarded fees and costs, otherwise, the plaintiff shall be awarded fees and costs); NM. Stat.”
Safety Industries v. Perkins C/W 63014 (2014) nev “NRS 31.340 (emphasis added). And the appellants strained reading to the contrary—that the statute says "be tried"; a "trial" is an "action"; an "action" is commenced upon filing of the formal complaint; a traversing affidavit is a de facto complaint; and that therefore attorney…”
Safety Industries v. Perkins C/W 63014 (2014) nev “NRS 31.340 (emphasis added). And the appellants strained reading to the contrary—that the statute says "be tried"; a "trial" is an "action"; an "action" is commenced upon filing of the formal complaint; a traversing affidavit is a de facto complaint; and that therefore attorney…”
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