Opinion
No. 32153.
March 27, 1933.
Certiorari to Court of Appeal, Second Circuit, Parish of Morehouse.
Suit by the Morehouse Lumber Building Material Company, Inc., against Jacob Walker, a copartnership, in which C.N. Story was made garnishee. A judgment of the Court of Appeals, reversing a judgment dissolving the garnishment and rendered for plaintiff (139 So. 713), was affirmed on rehearing (144 So. 190), and defendants bring certiorari.
Affirmed.
Hawthorne Files, of Bastrop, for applicants Jacob Walker.
Madison, Madison Fuller and W.B. Limerick, Jr., all of Bastrop, for respondent Morehouse Lumber Building Material Co., Inc.
This case comes up on certiorari from the Court of Appeal.
The point involved is whether installments and payments that are due and owing to a contractor under a construction contract may be reached by garnishment, although the contract has not been completed.
The Court of Appeal held that they might. We have carefully examined both the original opinion of the Court of Appeal reported in 139 So. 713 and the opinion on rehearing reported in 144 So. 190, and we find no error therein. These opinions are in accord with general jurisprudence. See McKendall v. Patullo, 52 R.I. 258, 160 A. 202 and the note thereon (section IV) 82 A.L.R. at page 1121, citing this case and Williams v. Androscoggin K.R. Co. (1853) 36 Me. 201, 8 Am. Dec. 742; Ricker v. Fairbanks (1855) 40 Me. 43; Harris v. Somerset K.R. Co. (1859) 47 Me. 298; Ware v. Gowen (1876) 65 Me. 534; Webber v. Bolte (1883) 51 Mich. 113, 16 N.W. 257; Empire Sash Door Co. v. McGreevy (1912) 22 Manitoba, L.R. 676, 8 D.L.R. 27. See, also, Wyer v. Merrill (1831) 7 Me. (7 Greenl.) 342; Kelly v. Snyder (1878) 5 Wkly. Notes Cas. (Pa.) 39.
Decree.
For the reasons assigned the judgment of the Court of Appeal is affirmed.