Orme v. Kingsley
Supreme Court of Minnesota
Proceedings supplementary to execution in the district court for Ramsey county. On the disclosure, which was made after the termination of defendant’s term as building inspector for the city of St. Paul, it appeared that he had a claim for $1,400 against the city of St. Paul for a balance of salary for each month from January 10, 1896, to January 10, 1898. From an order, Kelly, J., denying plaintiff’s motion for the appointment of a receiver for this property, plaintiff…
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Proceedings supplementary to execution in the district court for Ramsey county. On the disclosure, which was made after the termination of defendant’s term as building inspector for the city of St. Paul, it appeared that he had a claim for $1,400 against the city of St. Paul for a balance of salary for each month from January 10, 1896, to January 10, 1898. From an order, Kelly, J., denying plaintiff’s motion for the appointment of a receiver for this property, plaintiff appealed. To hold that the exemption still exists after respondent has gone out of office is to make the exemption something…
1Opinion of the CourtMitchell, J.
The plaintiff sought, by proceedings supplementary to execution, to reach, for the satisfaction of his judgment, a balance due, or claimed to be due, from the city of St. Paul to the judgment debtor, William Kingsley, for salary as building inspector.
We have repeatedly held that the salary of a public officer cannot be reached by his creditors by legal process. Roeller v. Ames, 33 Minn. 132, 22 N. W. 177; Sandwich Mnfg. Co. v. Krake, 66 Minn. 110, 68 N. W. 606; Sexton v. Brown, 72 Minn. 371. This doctrine is founded on reasons of public policy, which may be all summed up in the general…
2Cases cited3 opinions
- Roeller v. AmesSupreme Court of Minnesota · 1885
- Sandwich Manufacturing Co. v. KrakeSupreme Court of Minnesota · 1896
- Sexton v. BrownSupreme Court of Minnesota · 1898
3Cited by5 opinions
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- Board of County Commissioners v. ClappSupreme Court of Minnesota · 1901
- Dow v. IrwinNew Mexico Supreme Court · 1915