Legal Opinion · Concurrence

Upper Blue Bench Irr. Dist. v. Continental Nat. Bank & Trust Co.

Utah Supreme Court

Decided October 25, 1937No. 5878Published

1ConcurrenceWolfe, Justice

The conclusions of the court’s opinion seemingly rest on three propositions: (1) That irrigation districts are public corporations, quasi municipal in character, and that their funds cannot be levied on. (2) That a judgment against the garnishee in favor of defendant for the use and benefit of plaintiff was void because the levy was void, and any process in aid of the levy was therefore void. Hence, a judgment founded on that process of garnishment and answer was void. (3) That the judgment on garnishment introduced in this action as a defense by the bank was on its face void, and therefore…

2Cases cited1 opinion

  1. Utah Oil Refining Co. v. Millard County Drainage Dist. No. 4Utah Supreme Court · 1935

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