Brown v. Edinger
New York County Courts
Motion to vacate two orders in supplementary proceedings: One, for the examination of the judgment debtor, pursuant to which an examination has been had and is now pending; the second, a third party order served upon the clerk of the board of supervisors, forbidding him to pay to the judgment debtor fees earned, or to be earned, as a juror while in attendance at the present term of the County Court of this county.
1Opinion of the CourtRoss, J.
It is conceded that the salary of a public official, •already earned, or to be earned, is not subject to attachment for debt. This includes the salary of judges, of government clerks, of policemen, of firemen and the fees of a sheriff.
It is claimed by the attorney for the judgment creditor that a juror is not a public official. He cites the case of People v. Hoyt, 3 Utah, 396. It is apparent, upon an examination of that case, that the statutory duties and position of a juror in the then territory of Utah were somewhat different from the position and tenure of office of a juror in Onondaga…
2Cases cited2 opinions
- People v. HoptUtah Supreme Court · 1884
- Wilber v. WidnerNew York Supreme Court · 1828