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HARRIS v. HARRIS

No. 7812DC295.

252 S.E.2d 95 (1979)

40 N.C. App. 26

Arlene R. HARRIS, Plaintiff, v. Harold R. HARRIS, Defendant, United States of America, Garnishee.

Court of Appeals of North Carolina.

February 20, 1979.

Attorney(s) appearing for the Case

William J. Townsend, Fayetteville, for plaintiff-appellant.

U. S. Atty., George M. Anderson, by Bruce H. Johnson, Asst. U. S. Atty., Raleigh, for defendant-appellee.

CARLTON, Judge.

The only question presented on this appeal is the validity of the order of 12 October 1977 dismissing the United States of America as garnishee.

Plaintiff relies on the provisions of 42 U.S.C. § 659 to support her contention that the dismissal was improper. We do not agree.

42 U.S.C. § 659 provides for a waiver of sovereign immunity, in that the United States of America consents to be joined as a garnishee in garnishment proceedings...

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