Waterbury v. Board of Commissioners
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. The action was tried before Marshall, J. Defendant had judgment below. Statement of facts, prepared by the judge delivering the opinion. The plaintiff herein brought an action in the Justice’s Court against Thomas Harnon. The defendant in that action was at that time a deputy-sheriff of Deer Lodge County, working in that capacity upon a fixed salary.
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Appeal from Third Judicial District, Deer Lodge County. The action was tried before Marshall, J. Defendant had judgment below. Statement of facts, prepared by the judge delivering the opinion. The plaintiff herein brought an action in the Justice’s Court against Thomas Harnon. The defendant in that action was at that time a deputy-sheriff of Deer Lodge County, working in that capacity upon a fixed salary. The action before the justice of the peace was upon a money demand, and the plaintiff therein obtained, in the ordinary manner, a writ of attachment against the property of the defendant…
1Opinion of the CourtDe Witt, J.
This action arose while this commonwealth was a Territory of the United States, and the laws applicable to the contention are set forth in the introductory statement.
The garnishment of towns, cities, and counties has been the subject of such conflicting views in different States, and being a first impression in this court, we incline to adopt the language of Judge Welch in City of Newark v. Funk, 15 Ohio St. 463: “ In other States authorities are quite conflicting; so much so, that we do not feel bound by any of them, and see nothing to prevent us from deciding the question as an original…
2Cases cited3 opinions
- Merwin v. City of ChicagoIllinois Supreme Court · 1867
- City of Chicago v. HasleyIllinois Supreme Court · 1861
- Wallace v. LawyerIndiana Supreme Court · 1876
3Cited by22 opinions
- Henderson v. FosterIllinois Supreme Court · 1974
- Perry v. CarterSupreme Court of Oklahoma · 1935
- Dow v. IrwinNew Mexico Supreme Court · 1915
- Stark v. Heart River Irrigation DistrictNorth Dakota Supreme Court · 1951
- State Ex Rel. Busby v. CowanMissouri Court of Appeals · 1937
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