Leake & Vandivander v. Lacey

Lumpkin, Justice.

This case turns upon the question whether or not a municipal corporation is subject to the process of- garnishment sued .out for the purpose of reaching a sum of money due by the mayor and council to a contractor who had constructed a public sewer.

It could scarcely be doubted that if the public work was uncompleted, a creditor.of the contractor could not, by garnishment, cut off" payments which would otherwise be made by the municipal Authorities to the contractor as the work progressed. It is obvious that if this were allowed, it might, and in most cases would, seriously…