§ 1861. Subsequent affidavits and summons "The plaintiff may.in like manner subsequently proceed within the period limited against other garnishees, or against the same garnishees after they shall have once been discharged, upon a new affidavit, if he shall have reason to believe they have subsequently become liable; and he may proceed against garnishees resident in other counties than that in which the action is pending; but if an issue for trial shall be joined between the plaintiff and such garnishee, the court may, on motion, change the place of trial of such issue to the county of the garnishee's residence." " § 1862. Answer or affidavit of garnishee-Form "Within twenty days from the service of such garnishee summons the garnishee may, if the truth warrant, file with the clerk of the court in which the action is pending his affidavit, substantially in the following form: County.-A. B., Plaintiff, v. C. D., Defend- ant, and E. F., Garnishee, first duly sworn, says that on the - day of , A. D. 19, he was served with a garnishee summons in the above-entitled action; that he was then and is now in no manner and upon no account indebted or under liability of the defendant (naming him), and that he then had and now has in his possession or under his control no real estate and no personal property, effects or credits, of any description, belonging to said defendant or in which he has any interest; and is in no manner liable as garnishee in this action. Subscribed and sworn to, before me, this A. D. 19-. day of "Thereby the proceedings against such garnishee shall be deemed discontinued, and the plaintiff shall pay the garnishee two dollars for his costs unless within twenty days thereafter the plaintiff serve notice on such garnishee that he elects to take issue on his answer as garnishee, and will maintain him to be liable as garnishee." 75 A garnishee should set forth specifically his relations to defendant's moneys in his hands,76 and should disclose in his answer all the facts necessary to an understanding of the indebtedness, and 74 Rev. Laws 1910, § 4825. 75 Rev. Laws 1910, § 4826. 76 Atchison, T. & S. F. Ry. Co. v. Bowman, 147 P. 813, 95 Kan. 5. where the answer shows an indebtedness on a note, and does not show that such note is negotiable, a judgment against the garnishee is not void." "Unless the garnishee shall make the affidavit provided for in section 4826 he shall, within twenty days from the service of the garnishee's summons, file an affidavit in which he shall state: "First. Whether he was at the time of the service of the gar nishee summons or has since become indebted or under any liability to the defendant named in the notice in any manner or upon any account, specifying, if indebted or liable, the amount, the interest thereon, the manner in which evidenced, when payable, whether an absolute or contingent liability, and all the facts and circumstances necessary to a complete understanding of such indebtedness or liability. When the garnishee shall be in doubt respecting any such liability or indebtedness he may set forth all the facts and circumstances concerning the same, and submit the question to the court. "Second. Whether he held at the time aforesaid or now holds. the title or possession of any real estate, or any interest in land of any description, or of any personal property, effects or credits, or any instruments or papers relating to any such belonging to the defendants, or in which he is in any wise interested; and if he shall admit any such, or be in doubt respecting the same, he shall set forth a description of such property, and all the facts and circumstances concerning the same, and the title, interest, or claim of the defendant in or to the same. "Third. If he shall claim any set-off or defense or any other indebtedness or liability, or any lien or claim to such property, he shall set forth the facts and circumstances thereof fully. "Fourth. He may state any claim of exemption from execution on the part of the defendant, or other objection known to him against the right of the plaintiff to apply upon his demand the indebtedness or property disclosed. "Fifth. If he shall disclose any indebtedness or the possession of any property to which the defendant, or any other person as well, makes claim, he may set forth the names and residences of 77 A. J. Harwi Hardware Co. v. Klippert, 74 P. 254, 67 Kan. 743. such other claimants, and so far as known, the nature of their claims." 9978 Plaintiff has a right to demand an answer under oath, but, if he does not require it, an unverified answer is sufficient.79 Where a garnishee files an affidavit of nonliability the court may properly proceed to the trial of the issue without requiring the garnishee to file an answering affidavit.80 Where a garnishee claimed that money in his hands belonged to a third person, he should have made the nonliability affidavit.81 The garnishee's answer is filed when deposited with the clerk, rather than when it is marked "filed"; the "filing" being actual delivery to the clerk, without regard to any action he may take there On, 82 Though garnishment proceedings must be conducted in substantial conformity to the statute, an order of court, made by agreement of the parties, indefinitely extending the statutory time allowed the garnishee for filing answers, does not deprive the court of jurisdiction. 88 § 1863. 83 By whom made "The answer of a corporation summoned as a garnishee may be made by any officer thereof; and of any other garnishee, by any agent or attorney, in his behalf, who shall be acquainted with the facts." 1984 § 1864. Time of corporation to answer "When any corporation shall be notified to appear and answer as garnishee of any defendant, the answer required to be made by such garnishee shall not be required in any case in less than fifteen days from the service of the order and notice, and interrogatories, if any, and when neither the president or other head of such corporation, nor the secretary, cashier, or managing agent thereof, shall reside or live, or keep his office or place of business in the 78 Rev. Laws 1910, § 4828. 79 Brooks v. Fields, 106 P. 828, 25 Okl. 427. 80 First Nat. Bank of Beloit v. Mathes, 103 Kan. 868, 176 P. 657. 81 Atchison, T. & S. F. Ry. Co. v. Bowman, 147 P. 813, 95 Kan, 5. 84 Rev. Laws 1910, § 4830. HON.PL.& PRAC.-109 (1729) county where the action is pending, the answer of such garnishee shall not be required in less than thirty days from the service of the order and notice, and interrogatories, if any." 85 $ 1865. Issues and trial "The answer of the garnishee shall in all cases be conclusive of the truth of the facts therein stated, with reference to his liability to the defendant, unless the plaintiff shall, within twenty days, serve upon the garnishee a notice in writing that he elects to take issue on his answer; in which case the issue shall stand for trial as a civil action, in which the affidavit on the part of the plaintiff shall be deemed the petition, and the garnishee's affidavit the answer thereto. The plaintiff may in all cases move the court, upon the answer of the garnishee, and of the defendant, if he shall also answer, for such judgment as he shall be entitled to thereon, but any such judgment shall be no bar beyond the facts stated in such answer." 9 86 Where the plaintiff fails to give this notice, the facts therein stated cannot be questioned in any subsequent hearing in the garnishment proceedings. 87 85 Rev. Laws 1910, § 4853. 86 Rev. Laws 1910, § 4827. The answer of a garnishee is therefore conclusive, unless plaintiff within 20 days serves on the garnishee a notice that he elects to take issue. Davis v. Lilly, 87 P. 302, 17 Okl. 579. 87 Mason v. Miller, 54 Okl. 46, 153 P. 187. Where an answer in garnishment under oath is waived, an unverified answer that the garnishee has $5.20 in his hands due defendant and a notice that plaintiff elects to take issue on such answer, as provided by Wilson's Rev. & Ann. St. 1903, § 4382, state facts sufficient to join an issue of fact as between the plaintiff and the garnishee, and it is error to render judgment against the garnishee without a trial. Brooks v. Fields, 106 P. 828, 25 Okl. 427. In garnishment, not in aid of execution, garnishee answered, and plaintiffs moved for judgment on the pleadings. Pending said motion, plaintiffs served notice on the garnishee pursuant to Wilson's Rey. & Ann. St. 1903, § 4382, that they elected to take issue on the answer. Heid a waiver of said motion, and that the court erred in subsequently sustaining it and rendering judgment against the garnishee without a trial of the issues of fact arising between the plaintiffs and the garnishee on such pleadings. First Nat. Bank of Elk City v. Huff, 118 P. 582, 29 Okl. 547. Garnishee's prompt application to vacate order, showing that after answer admitting his indebtedness for balance of purchase price and after order to pay money into court he learned that defendant had mortgaged and disposed 88 Where a garnishee has answered that he is not indebted to defendant, and plaintiff fails to give the statutory notice that he elects to take issue, it is error to render judgment against the garnishee. A garnishee's liability must be made affirmatively to appear, and his uncontradicted answer or disclosure upon which no issue has been taken is presumed absolutely true, and, when showing no liability, entitles him to discharge.$9 "The defendant may in all cases, by answer duly verified, to be served within twenty days from the service of the garnishee summons on him, defend the proceedings against any garnishee, upon the ground that the indebtedness of the garnishee, or any property held by him, is exempt from execution against such defendant, or for any other reason is not liable to garnishment; or upon any ground upon which a garnishee might defend the same; and may participate in the trial of any issue between the plaintiff and garnishee for the protection of his interests. The garnishee may at his option, defend the principal action for the defendant, if the latter does not, but shall be under no obligations so to do." "o In an action against a nonresident served by publication, a garnishee should notify such defendant of the garnishment if able to do so and interpose for him any defense of which he knows and which he is able to make.91 "The proceedings against a garnishee shall be deemed an action by the plaintiff against the garnishee and defendant, as parties defendant, and all the provisions for enforcing 'judgments shall be of property and that plaintiff had procured mortgage and so knew garnishee was not liable, and induce him to believe that defendant might sell property, warranted correction of answer so as to state actual facts. Jewell v. Schell, 103 Kan. 604, 175 P. 970. 88 Davis v. Lilly, 87 P. 302, 17 Okl. 579. Judgment on answer of garnishee bank, stating that defendant, at the time of making the deposit, stated that it belonged to her little girl, held not error; such statement being insufficient to overcome the presumption that defendant was the owner of the fund deposited by her in her own name. Lowman v. Blaine County Bank, 139 P. 952, 40 Okl. 519. 89 House v. Scanlan, 127 P. 481, 34 Okl, 796, 90 Rev. Laws 1910, § 4831. A defendant may participate in the trial of any issue between plaintiff and garnishee for the protection of his interests. Mason v. Miller, 54 Okl. 46, 153 P. 187. 91 St. Louis & S. F. R. Co. v. Crews, 51 Okl. 144, 151 P. 879, Ann. Cas. 1918C, 823. |