Legal Opinion

Heilbronner v. Posey

Court of Appeals of Kentucky

Decided April 23, 1898PublishedCited by 3 opinions

Case 65 — PETITION EQUITY — APPEAL FROM IIENDERSON CIRCUIT COURT. 1. The appellee, beyond a doubt, has a right of action against the county for t)he recovery of his salary, and if he had -assigned part thereof to appellant, there is no doubt but that she might have enforced the collection thereof as against the county; then, what principle of law or equity will exempt the county from the process of garnishment? 2. But the right to object to this process of garnishment is a…

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Case 65 — PETITION EQUITY — APPEAL FROM IIENDERSON CIRCUIT COURT. 1. The appellee, beyond a doubt, has a right of action against the county for t)he recovery of his salary, and if he had -assigned part thereof to appellant, there is no doubt but that she might have enforced the collection thereof as against the county; then, what principle of law or equity will exempt the county from the process of garnishment? 2. But the right to object to this process of garnishment is a privilege personal to the municipality itself and can not he- urged by ■ the debtor a-lone. Shinn on Attachments -and…

1Opinion of the Court

JUDGE PAYNTER

delivered the opixiox cut the court.

Tliis action is on a return of “no property found,” and by -which it is sought to subject an allowance made by the fiscal court of Henderson County to the appellee, Thomas Posey, to the payment of a judgment. The allowance was made to Posey as salary for services rendered as county superintendent of common schools for Henderson County.

The question presented is whether his salary can be subjected to the payment of the judgment in an equitable proceeding under section 439, Civil Code of Practice. Under our system of laws, regulating the common…

2Cases cited1 opinion

  1. Allen v. RussellCourt of Appeals of Kentucky · 1879

3Cited by3 opinions

  1. Bank of Winnfield v. BrumfieldLouisiana Court of Appeal · 1929
  2. Miracle v. HopkinsCourt of Appeals of Kentucky (pre-1976) · 1935
  3. Knox County v. MeltonCourt of Appeals of Kentucky (pre-1976) · 1937

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