Burnham v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Tbe plaintiff brought this action as sheriff, to recover the sum of $325, for which the defendant had ’been garnisheed as a debtor of one Rider, the complaint alleging that the defendant, after the service of garnishee process, paid over amount of said indebtedness to Rider, the attachment defendant.
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APPEAL from the Circuit Court for Fond du Lac County. Tbe plaintiff brought this action as sheriff, to recover the sum of $325, for which the defendant had ’been garnisheed as a debtor of one Rider, the complaint alleging that the defendant, after the service of garnishee process, paid over amount of said indebtedness to Rider, the attachment defendant. The circuit court sustained a demurrer to the complaint, upon the ground, among others, that the city of Eond du Lac being a municipal corporation, its indebtedness to said Rider was not subject to attachment. The debt of a corporation, due to…
1Opinion of the Court
By the Court,
PAINE, J.
The question in this case is, *194whether a municipal corporation is liable to be garnisheed its debts to individuals. The question is very similar in. principle to that whether sheriffs or clerks of courts, and other similar officers, are liable to garnishment for moneys in their possession as such officers. And in the case of Hill vs. La Crosse & Mil. R. R. Co., 14 Wis., 291, the majority of the court held that the sheriff was not so liable.
The following cases are very clear and satisfactory authorities against the liability of municipal corporations to garnishment:…
2Cases cited4 opinions
- Mayor of Baltimore v. Root ex rel. ArmstrongCourt of Appeals of Maryland · 1855
- Mayor of Mobile v. Rowland & Co.Supreme Court of Alabama · 1855
- Hawthorn v. City of St. LouisSupreme Court of Missouri · 1847
- Hill v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1861
3Cited by30 opinions
- Fordyce v. Woman's Christian National Library Ass'nSupreme Court of Arkansas · 1906
- Merwin v. City of ChicagoIllinois Supreme Court · 1867
- Electric Appliance Co. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1901
- Cole v. White CountySupreme Court of Arkansas · 1877
- Wallace v. LawyerIndiana Supreme Court · 1876
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