Marx v. Parker

Citations

• 9 Wash. 473
• 37 P. 675
• 1894 Wash. LEXIS 344

Syllabus

<p>GARNISHMENT — PARTIES — INTERVENTION — LIABILITY OF FUNDS HELD BY PUBLIC OFFICER.</p> <p>Where a bank summoned as garnishee sets up in its answer that it has money deposited by the judgment defendant, but that such money has been collected and deposited by such defendant as city marshal of a city, and that all sums held in the defendant’s name by the garnishee in fact belong to the city, it is error for the court, of its own motion, to require the city to appear in the action as an intervenor.</p> <p>Where funds deposited by a public officer in bank in his individual name belong, in equity, to the municipal corporation of which he is an officer, such funds cannot be garnished at the suit of his individual creditors.</p> <p>The fact that a custodian of city funds is required by law to give a bond for the proper disposition of the moneys coming to his hands does not thereby constitute him a mere debtor to the city for such moneys, but he occupies the position of a bailee, subject to special obligations; and such funds, when deposited by him in bank, are not subject to garnishment at the suit of his judgment creditors.</p>