Garnishee Order Case

CourtRegional Court (Germany)
Date27 l 1931
Docket NumberCase No. 74
Germany, District Court III of Berlin.
Case No. 74
Garnishee Order Case.

Jurisdiction — Extraterritorial Effect of — Garnishee Order for Claims Against a Foreign Debtor Arising from a Mortgage Situate in Germany.

The Facts.—The appellant was a judgment creditor and applied for a garnishee order. He sought to attach a claim which the debtor had on a mortgage registered in Germany on German property against a third debtor residing abroad. The local Court refused the application on the ground that the garnishee order would, in the circumstances of the case, constitute an infringement of the jurisdiction of a foreign State. On appeal,

Held: that the application must be granted. It was true that the Court of Appeal of Berlin, in its decision of April 5, 1929 (Juristische Wochenschrift, 1929, p. 2360, No. 1), laid down that the prohibition to pay, in connection with a garnishee order, where the third debtor resided abroad, was directed against foreign property and that such attachment constituted an infringement of foreign jurisdiction which was contrary to international law. However, that decision was not applicable to the facts of the present case. The present application was brought with regard to a mortgage on German property, for which a German venue existed under Article 24 of the Code of Civil Procedure. In a...

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