First Nat. Bank v. Scott
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; Mechem, Judge. Action by1 the First National Bank of Albuquerque against K. K. Scott, judgment debtor, and O. N. Marrón, Treasurer of the State of New Mexico, garnishee. Judgment for defendant on sustaining a demurrer to the complaint, and plaintiff appeals. The salaries of public officials'may be garnished in the hands or custody of other public officers.
Read the full summary
Appeal from District Court, Bernalillo County; Mechem, Judge. Action by1 the First National Bank of Albuquerque against K. K. Scott, judgment debtor, and O. N. Marrón, Treasurer of the State of New Mexico, garnishee. Judgment for defendant on sustaining a demurrer to the complaint, and plaintiff appeals. The salaries of public officials'may be garnished in the hands or custody of other public officers. C. 26, Laws 1915. Such action is not against public policy Ruperich v. Baehr, 75 Pac. 782; City of Newark v. Funk & Bro., 15 Ohio St. 4-62; Rodman v. Musselman, 23 ■ A. R. 724. Salary of…
1Opinion of the Court
OPINION OF THE COURT,
ROBERTS, J.
The appeal in this case involves the' same questions presented to this court by the case of Owen v. Terrell, 162 Pac. 171. Appellant obtained a judgment against appellee, who was the district attorney of the Fifth judicial district, this state, and thereafter instituted proceedings in garnishment, naming the state treasurer as garnishee, and sought to garnishee the salary due appellee from the state, as such district attorney, under the provisions of chapter 26, Laws of 1915. The trial court sustained a demurrer to the complaint, and upon appellant’s election…
2Cases cited1 opinion
- Owen v. TerrellNew Mexico Supreme Court · 1916
3Cited by2 opinions
- Stockard v. HamiltonNew Mexico Supreme Court · 1919
- Rivera v. RosenwaldNew Mexico Supreme Court · 1922