Does a garnishee order against the executors of a judgment debtor have to prove that they are not personally charged?

Saskatchewan, Canada


The following excerpt is from Strong v. Culver & McCaughey, 1919 CanLII 190 (SK CA):

In Stevens v. Phelips, 10 Ch. App. 417, 44 L.J. Ch. 689, it was held that a garnishee order made against the executors of a debtor of the judgment debtor ought to show on its face that they were charged as executors. In giving judgment, Mellish, L.J., at p. 423, said: Another objection in this case, of a more technical nature, is that, assuming that a garnishee order can be obtained against executors in respect of a debt due from their testator, I think it ought to show on the face of it that it is directed to them as executors and not personally. In the present case the order professes to charge them personally.

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