Hanson v. Hodge

Citations

• 92 Wash. 425
• 159 P. 388
• 1916 Wash. LEXIS 774

Syllabus

<p>Appeal — Review—Parties Entitled to Allege Error. Upon appeal by the principal defendant and one of the garnishees, error cannot be assigned on the striking of part of the answer of other garnishees, who are not complaining.</p> <p>Same — Parties—Right to Appeal — Waiver. A garnishee bank, having merely pleaded a denial of any indebtedness to the principal defendant, without the assertion of any claim to the fund sought to be impounded, is estopped to appeal and assert a claim to the fund by assignment.</p> <p>Same — Parties—Appealable Interest — Garnishment op Salary. A public officer’s immunity from garnishment of his salary, resting in consideration of public policy, is absolute and invocable at any stage of the proceedings; hence may be raised by appeal from a judgment in garnishment, although not pleaded as a defense; especially where exemptions were claimed and the question was sufficiently covered by assignments of error to give the court jurisdiction.</p> <p>Garnishment — Salary op Public Officers — Immunity—Statutes —Exemption op Wages. Rem. 1915 Code, § 680-1, making counties subject to garnishment, and providing that nothing in the act shall be construed to impair the rights of defendants to claim exemptions of wages as provided by law, carries the necessary implication that the act applies to officers and employees engaged in the public service, and abrogates the common law immunity of officers’ salaries from garnishment.</p> <p>Same — “Debts”—Salary op Public Officers. Rem. 1915 Code, § 680-1, subjecting the salary of county officers to garnishment, does not diminish their salaries after election, in violation of Const., art. 11, §8.</p> <p>Exemptions — From Garnishment — Claim for — Time for Filing. Upon garnishment of a county officer’s salary, a claim of exemption of wages as the head of a family is too late, where after knowledge of the proceeding, defendant filed no answer or claim for exemption until after decision granting motion for judgment