If it appears that the garnishee is indebted to the defendant, or has property and effects of the defendant subject to the attachment, the court may, in case recovery is had by the plaintiff against the defendant, give judgment against the garnishee for the amount of the recovery or of the indebtedness and property.
Code 1858, § 3484 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5244; Code 1932, § 9435; T.C.A. (orig. ed.), § 23-712.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1996–2021 · leading case:
Smith v. Smith, 165 S.W.3d 285 (Tenn. Ct. App. 2004).
Smith v. Smith, 165 S.W.3d 285 (Tenn. Ct. App. 2004).
· cites it 4× “See Tenn.Code Ann. § 29-7-112; 5 Meadows, 1988 WL 116382 , at *3.”
Dexter Ridge Shopping Ctr., LLC v. Little, 358 S.W.3d 597 (Tenn. Ct. App. 2010).
· cites it 2× “2004) (citing T.C.A. § 29-7-112). If there is any dispute as to the amount of the garnishee’s indebtedness to the judgment debtor, or as to whether there is any such indebtedness, the trial court may receive evidence on the indebtedness of the garnishee to the debt- or.”
Tennessee Indus. Mach. Co. v. Accuride Corp., 139 S.W.3d 290 (Tenn. Ct. App. 2004).
· cites it 2× “Tenn.Code Ann. § 29-7-112 (2002) provides that a final garnishment judgment may be entered against a garnishee only where “it appears that the garnishee is indebted to the [principal judgment debtor] defendant.”
Leroy Stocklin, Jr. v. Karen R. Lord (Tenn. Ct. App. 2014).
· cites it 6× “The trial court entered judgment against Dean under Tenn. Code Ann. § 29-7-112 (2012), which provides for a judgment against a garnishee “[i]f it appears that the garnishee .”
Kimberly J. Smith v. Gregory A. Smith (Tenn. Ct. App. 2019).
· cites it 2× “Did the trial court err in failing to properly apply Tennessee Code Annotated section 29-7-112 through 29-7-116 and make the conditional judgment against GCA final? 2.”
Lipman Bros., Inc. v. Arete Agencies, Inc. (Tenn. Ct. App. 2005).
· cites it 2× “However, “Tenn. Code Ann. § 29-7-112 (2002) provides that a final garnishment judgment may be entered against a garnishee only where ‘it appears that the garnishee is indebted to the [principal judgment debtor] defendant.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.