Owen v. Terrell
New Mexico Supreme Court
Error to District Court, Grant County; Neblett, Judge. Action by H. D. Terrell against O. L. Owen, in which W. G. Sargent, State Auditor, and another, were summoned as garnishees. There was a judgment for plaintiff, and defendant brings error. STATEMENT OP PACTS.
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Error to District Court, Grant County; Neblett, Judge. Action by H. D. Terrell against O. L. Owen, in which W. G. Sargent, State Auditor, and another, were summoned as garnishees. There was a judgment for plaintiff, and defendant brings error. STATEMENT OP PACTS. The defendant in error, H. D. Terrell, instituted this cause in the district court of Grant county against the plaintiff in error O. L. Owen, a member of the state corporation commission, and W. G. Sargent, state auditor, and O. N. Marrón, state treasurer, as garnishees, seeking to subject the salary of the said Owen, as a member of…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
(after stating the facts as above). — [1] We have not been favored by a brief on behalf of the defendant in error; but it is unquestionably well settled that at common law salaries, fees, or other compensation due public officers or employes cannot be reached and subjected by tbeir creditors in attachment or garnishment. 12 Am. & Eng. Ency. Law (2d Ed.) 69. This doctrine is supported by the overwhelming weight of authority, and the rule was established upon the broad ground of public policy, and is not limited to any kind or class of public officers, but extends…
2Cited by5 opinions
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- Southwestern Savings Loan & Building Ass'n v. AwaltNew Mexico Supreme Court · 1917