Dow v. Irwin
New Mexico Supreme Court
Appeal from District Court, Chaves County; J. T. Mte-Clure, Judge. Action by Hiram M. Dow against W. J. Irwin and another. From a judgment for plaintiff, defendant Irwin appeals. Neither equitable garnishment nor suit by way of a creditor’s bill is proper to reach funds in hands of municipal corporation. Art. 8, sec. 126, Ann. Const.
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Appeal from District Court, Chaves County; J. T. Mte-Clure, Judge. Action by Hiram M. Dow against W. J. Irwin and another. From a judgment for plaintiff, defendant Irwin appeals. Neither equitable garnishment nor suit by way of a creditor’s bill is proper to reach funds in hands of municipal corporation. Art. 8, sec. 126, Ann. Const. N. M.; sec. 26, c. 63, L. 1909; City of Newark v. Eunk, R. I. Rev. Stats. 125, sec. 1; Wilson v. Lewis, 10 R. I. 285; sec. 657, c. 1, C. L. Í897; Yan Cott v. Pratt et ah, 39 Pac. 827; 4 Ene. L. 812; Hawthorne v. St. Louis, 11 Mo. 59; Pengleton v. Perkins, 49 Mo.…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
On the 28th day of July, 1913, E. S. Mundy recovered a judgment against W. J. Irwin, in the district court of Chaves county for $1,200. Later Mundy assigned the judgment to the appellant herein. An execution upon the judgment was issued and returned nulla bona by the sheriff of said county. Irwin had a contract with the county road board of Chaves county for the erection of a bridge in said county, and, after the bridge had been fully completed and accepted by said county, there remained due Irwin, under said contract, the sum of $4,811.60. Before the amount…
2Cases cited20 opinions
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