21-18-25. Actions by principal defendant against garnishee prohibited during garnishment--Stay of pending proceedings.
119 words·~1 min read·
/sd/title-21/chapter-21-18/21-18-25·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No action shall be commenced by the defendant or his assignee against a garnishee upon any claim or demand liable to garnishment, or to recover any property garnished, nor execution be issued upon a judgment in favor of the defendant against such garnishee subsequent to the service of the garnishee summons upon him, until the termination of the garnishee action; and, if an action shall have been commenced or an execution issued, it shall be stayed by the court or a judge thereof upon the garnishee's application, except that upon cause shown, the court or judge may by order permit the commencement of such an action, or the issuing of an execution, or the further prosecution of one stayed.