§ 6-6-456 — Judgment and Proceedings If Possession of Effects Subject to Levy and Sale Admitted

If the garnishee admits the possession of effects of the defendant, the subject of levy and sale under legal process, judgment of condemnation must be entered that such effects be delivered upon demand after the entry of judgment in favor of the plaintiff in the original action, or so much thereof as may be necessary to satisfy the judgment, and the sheriff must make sale thereof. If the garnishee fails to deliver such effects to the sheriff on demand, he must make return thereof to the clerk, who must thereupon issue an execution against the garnishee in favor of the plaintiff for the amount of the judgment and costs. If, however, such failure is without fault or negligence on the part of the garnishee, he may tender to the plaintiff, his agent, or attorney the value of such effects; and, if such tender is refused, he may obtain relief by supersedeas.

Legislative History

(Code 1852, §§2542-2544; Code 1867, §§2970-2972; Code 1876, §§3295-3297; Code 1886, §2978; Code 1896, §2193; Code 1907, §4322; Code 1923, §8073; Code 1940, T. 7, §1017.)