An order under s. 63 of the Common Law Procedure Act, 1854, does not protect the garnishee and justify him in paying the amount to the judgment creditor in all events.
Therefore it is no answer to an action by trustees of a deed under s. 192 of the Bankruptcy Act, 1861, for a debt due to the debtor, that the defendant, to avoid execution under a garnishee order, has paid the debt to the judgment creditor, in obedience to the order, after registration of the deed and with notice of it.
Semble, that the payment would have afforded no defence if made without notice.
[1865] UKLawRpKQB 23, (1865-1866) LR 1 QB 77
Commonlii
England and Wales
Updated: 20 September 2021; Ref: scu.653038