Huntington v. PedersenAnnotate this Case
In two separate garnishment proceedings, Appellants, judgment creditors, served garnishment interrogatories on the judgment debtors’ attorney (Attorney). Appellants did not challenge Attorney’s answers in the first garnishment proceeding but filed an application to determine Attorney’s garnishment liability in response to Attorney’s answers in the second garnishment proceeding. The district court overruled Appellants’ motion to determine garnishment liability, concluding that because Appellants did not move to determine Attorney’s liability after he responded to the first garnishment interrogatories, he was released and discharged as to the property sought and that the property could not be sought again by Appellants in the second garnishment proceeding based on claim preclusion. The Supreme Court affirmed, holding that the district court did not err when it overruled Appellants’ motion to determine Attorney’s garnishment liability in the second garnishment proceeding.