McDougal v. Board of Supervisors
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OE HENNEPIN COUNTY. The Court Commissioner of the County of Hennepin, before whom the original disclosure of the garnishees was made, ordered them to hold in their hands all sums due from them to the Defendant'McNeil, until the further order of the Court. The District Attorney for the county afterwards moved to set aside the proceedings under the garnishee summons, which motion was granted.
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APPEAL PROM THE DISTRICT COURT OE HENNEPIN COUNTY. The Court Commissioner of the County of Hennepin, before whom the original disclosure of the garnishees was made, ordered them to hold in their hands all sums due from them to the Defendant'McNeil, until the further order of the Court. The District Attorney for the county afterwards moved to set aside the proceedings under the garnishee summons, which motion was granted. The Plaintiff appealed from the order granting the motion. Points and authorities of Appellant. Li/rst. — A county is both a body corporate and politic, and as a body…
1Opinion of the Court
Elandrau. J.
By the Court. The Court below was right in dismissing the garnishee proceedings against the county of Hennepin. The twenty-third section of the Garnishee Act, which authorizes “corporations to be proceeded against as garnishees, in the same manner and with the like effect, as *189individuals,” (Comp. Stat. p. 662, Sec. 23) applies only to private corporations, and was not designed to include municipal corporations charged Tyith the interests of the public. Counties are public corporations, and their officers are public officers.
The varied relations which such bodies through their…
2Cited by19 opinions
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Merwin v. City of ChicagoIllinois Supreme Court · 1867
- Brown v. GatesWest Virginia Supreme Court · 1879
- State ex rel. Summerfield v. TylerWashington Supreme Court · 1896
- Addyston Pipe & Steel Co. v. City of ChicagoIllinois Supreme Court · 1897
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