In any action in which property is garnished, if the defendant does not appear, any garnishee may be admitted to defend his principal; but, if the defendant is not in this state and does not appear, personally or by attorney, and the garnishee does not appear to defend, the action shall be continued, postponed or adjourned for three months from the return day of the writ. A continuance, postponement or adjournment, prescribed in section 52-87 or this section, shall not be granted or, if granted, shall terminate whenever the court finds that the absent or nonresident defendant, or his authorized agent or attorney, has received actual notice of the pendency of the case at least twelve days prior to such finding, and thereupon, unless some special reason is shown for further delay, the cause may be brought to trial.
(1949 Rev., S. 7809, 7810; P.A. 82-160, S. 35.)
History: P.A. 82-160 replaced action “by foreign attachment” with “in which property is garnished”.
Appearance by garnishee will not justify a judgment at the first term. K. 377. A garnishee, who defends, may retain costs from the funds factorized. 2 R. 250. “If the defendant is not in this state” applies to a nonresident defendant and not to an inhabitant of the state temporarily absent. 49 C. 452. Cited. 79 C. 15. Applied in action of ejectment; proper procedure outlined. 108 C. 175. Cited. 121 C. 35.
Actual notice under section obviates need to grant continuance provided in Sec. 52-87. 33 CS 570.
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