Sanger Bros. v. City of Waco
Court of Appeals of Texas
Appeal from the District Court of McLennan County. Tried below before Hon. L. W. Goodrich. Sanger Bros., having a judgment against J. C. Jurney, Sr., garnished thereon the City of Waco, which was indebted to him for his services as registering officer for a city election under an appointment by the proper authorities, his fees being eight cents for each voter registered, and being earned at the time the writ was served.
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Appeal from the District Court of McLennan County. Tried below before Hon. L. W. Goodrich. Sanger Bros., having a judgment against J. C. Jurney, Sr., garnished thereon the City of Waco, which was indebted to him for his services as registering officer for a city election under an appointment by the proper authorities, his fees being eight cents for each voter registered, and being earned at the time the writ was served. Garnishee and Jurney, who intervened, asserted the exemption of the indebtedness from garnishment, and had judgment in their favor, from which plaintiff appealed.
1Opinion of the Court
KEY, Associate Justice.
Opinion—This case is .before us on agreed facts, about which there is no controversy, and we adopt said agreement as it appears on pages four, five and six of the transcript as this court’s conclusions of fact.
But one question of law is presented for decision, and that is whether or not the earned compensation of a public officer is subject to garnishment.
In Bank v. Fink, 86 Texas, 303, the Supreme Court held that it is contrary to public policy for a public .officer to assign or give a lien upon his unearned compensation, whether such compensation be salary or fees;…
2Cases cited1 opinion
- National Bank v. FinkTexas Supreme Court · 1893
3Cited by6 opinions
- Von Carlowitz v. BernsteinCourt of Appeals of Texas · 1902
- Smith v. BradshawCourt of Appeals of Texas · 1937
- Smith v. Oak Cliff Bank & Trust Co.Court of Appeals of Texas · 1936
- Smith v. BradshawCourt of Appeals of Texas · 1937
- Smith v. Oak Cliff Bank & Trust Co.Court of Appeals of Texas · 1936
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