McLellan v. Young
Supreme Court of Georgia
Garnishment. Municipal corporations. Before Judge ¿night. Cobb Superior Court. November Term, 1874. McLellan recovered a judgment against Young on an'ac-. count for provisions furnished to him and his family. .Process of garnishment was served on the Mayor and City Council of Marietta. The defendant' was an officer of said garnishee, being the marshal of the city of Marietta, receiving a salary of more than $500 00 per annum, payable monthly.
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Garnishment. Municipal corporations. Before Judge ¿night. Cobb Superior Court. November Term, 1874. McLellan recovered a judgment against Young on an'ac-. count for provisions furnished to him and his family. .Process of garnishment was served on the Mayor and City Council of Marietta. The defendant' was an officer of said garnishee, being the marshal of the city of Marietta, receiving a salary of more than $500 00 per annum, payable monthly. The garnishee was indebted to him as such officer. The case was submitted to the court without the intervention of a jury. The garnishment was dismissed…
1Opinion of the Court
McCay, Judge.
■ In the case of Holt vs. Experience, 26 Georgia, 113, this court decided that municipal corporations were not subject to garnishment for the salaries of their officers. ’ So in 37 Georgia, 240, it was held that the Western and Atlantic Railroad was not subject to be garnished for the salaries of its officers. Both of these cases go upon the idea of public policy. In both cases the officer was a public servant, selected to do a public duty, and that the public ought not to be thwarted or interfered with by contests with, individuals as to the services of its officers. The…
2Cases cited7 opinions
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