Document Fragment View

Matching Fragments

In Webb v. Stenton, a garnishee order was issued under Order XLV, rule 2 of the Supreme Court Rules, at the instance of the judgment-creditor, attaching the judgment-debtors share in the income in the hands of the trustees. The judgment-debtor was entitled for his life to the income arising from a fund vested in the trustees. The annual income from the fund was payable to the judgment-debtor in two half-yearly installments in February and August. The garnishee order was issued in November. The trustees contended that in November there was no money in their hands which can be said to be due to the judgment-debtor and that therefore the garnishee order served on them was unsustainable. The question that arose for consideration was whether there was a "debt" owing or accruing to the judgment-debtor at the time of the garnishee order.