Tracy v. Hornbuckle
Court of Appeals of Kentucky
Case 62 — PETITION— APPEAL EROM GREENUP CIRCUIT COURT. CITED 2 Metcalfe, 422, Tobin, guardian v. Dixon and wife. 2 Bibb, 91-95. 5 J. J. Marshall, 76. 4 Metcalfe, 143. 16 B. Monroe, 183. Civil Code, sections 47-U478. CITED Common School Laws, 1865, Myers’s Supplement. 7 Monroe, 439, Devine v. Harvey. 4 Bush, 8, Webb v. McCauley.
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion oe the court.
The amount due to appellee as the teacher of a common school could not be attached in the hands of a school com*337missioner. Sucb funds were due from tbe state to one of its employees, and, as tbe state can not be sued nor made a garnishee, parties will not be allowed to evade this inhibition by ignoring the state in their suits and proceeding directly against the public officer having the custody of the moneys sought to be reached.
The testimony of the two sons of Mrs. Hornbuckle, to the effect that the land conveyed to their mother was purchased…
2Cited by11 opinions
- Foley Construction Company v. WardCourt of Appeals of Kentucky (pre-1976) · 1963
- Foley v. ShriverSupreme Court of Virginia · 1886
- Brown v. GatesWest Virginia Supreme Court · 1879
- Tate v. SalmonCourt of Appeals of Kentucky · 1881
- Emes v. FowlerCity of New York Municipal Court · 1904
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