Mayor of Baltimore v. Root ex rel. Armstrong
Court of Appeals of Maryland
Appeal from the Superior Court for Baltimore city. Attachment on a judgment against Brashears at the suit of Root, laid in the hands of J. J. Graves, register of the city of Baltimore. It was admitted, that at the time of trial there were in the hands of the register funds of the corporation due Brashears, for services as a police officer of said city, sufficient to pay the judgment upon which the attachment issued.
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Appeal from the Superior Court for Baltimore city. Attachment on a judgment against Brashears at the suit of Root, laid in the hands of J. J. Graves, register of the city of Baltimore. It was admitted, that at the time of trial there were in the hands of the register funds of the corporation due Brashears, for services as a police officer of said city, sufficient to pay the judgment upon which the attachment issued. The court below, (Frick, J.,) sustained the attachment, and from that judgment the garnishee appealed.
1Opinion of the CourtEccleston, J.
The present attachment was laid in the hands of J. J. Graves, the city register, who, at the time, as register, held money due by the Mayor and City Council of Baltimore to Brashears, the defendant, for his salary as a police officer. The judgment below sustained the attachment, and whether that, decision is correct or not is the question for our consideration.
*100It has been repeatedly held, that money due by the government to its officers or agents for services rendered by them as such, whilst it remains in the hands of the government or in the keeping of its disbursing agents, is not liable to…
2Cases cited3 opinions
- Regents of the University of Maryland v. WilliamsCourt of Appeals of Maryland · 1838
- Chealy v. BrewerMassachusetts Supreme Judicial Court · 1811
- State ex rel. Mayor of Baltimore v. BoydCourt of Appeals of Maryland · 1830
3Cited by50 opinions
- Merwin v. City of ChicagoIllinois Supreme Court · 1867
- State ex rel. Case v. HowellWashington Supreme Court · 1915
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Phillips v. Mayor of BaltimoreCourt of Appeals of Maryland · 1909
- Hicks v. KrigbaumArizona Supreme Court · 1910
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