Holt v. Experience
Supreme Court of Georgia
Certiorari, from Bibb. Decision by Judge Lamar, June Term, 185S. Harriet E. Experience held a judgment against John A. Holt, and garnished the Mayor and Council of the City of Macon; and in answer to said garnishment, said Mayor and Council, by its proper officer, answered that they had funds in hands belonging to said defendant. Plaintiff proceeded to enter up judgment against said Mayor and Council.
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Certiorari, from Bibb. Decision by Judge Lamar, June Term, 185S. Harriet E. Experience held a judgment against John A. Holt, and garnished the Mayor and Council of the City of Macon; and in answer to said garnishment, said Mayor and Council, by its proper officer, answered that they had funds in hands belonging to said defendant. Plaintiff proceeded to enter up judgment against said Mayor and Council. Defendant objected upon the ground, that he was an officer of said corporation, and that the same could not be garnished for the salary of its officers — which was overruled. These proceedings…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
The only question in this case is, whether the salary, less than $500, of an officer of the municipal corporation of Macon, is subject to garnishment?
And to my mind, I must say, it is pretty plain. I am strongly inclined to think, that municipal corporations never were liable to garnishment, in this State, for the salaries of its officers. It is true, the Act of 1832 (Prince, 473,) is very broad. It declares, “ that all banks, banking companies, and other corporations in this State, shall be liable to garnishment, both in cases of attachment and…
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- Roeller v. AmesSupreme Court of Minnesota · 1885
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