JOSKI v. SHORT

No. 67.

28 F.Supp. 821 (1939)

JOSKI v. SHORT (HARDWARE MUT. CASUALTY CO., Garnishee).

District Court, W. D. Washington, S. D.

August 21, 1939.


Attorney(s) appearing for the Case

Robert B. Abel, of Tacoma, Wash., for plaintiff.

Eggerman & Rosling, of Seattle, Wash., for garnishee defendant.


YANKWICH, District Judge.

The sole question involved is whether, diversity of citizenship and jurisdictional minimum being present, a garnishment proceeding brought in the State courts can be removed to the Federal Court.

Garnishments are usually considered ancillary remedies in aid of a main action. 28 C.J. 17, 18. However, under the statutes of the State of Washington they are distinct suits which partake of the nature of an adversary controversy, under...

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