Millison v. Fisk

Citations

• 43 Ill. 112

Syllabus

<p>1. Oakkisheb—money in the custody of the law. As a general rule, money which is in the custody of the law is not liable to be reached by garnishee process. It has been held, that money collected on execution and in the hands of a sheriff cannot be reached on garnishee process. So of money in his hands on the redemption of lands sold on execution. It has been held by other courts, that money cannot be so reached, in the hands of selectmen due a school teacher, in the hands of a public officer, held in his official capacity; so of money in the hands of a clerk; likewise in the hands of an administrator; the same of money in the hands of a United States marshal, and in the hands of the treasurer of a board of school directors for the payment of teachers, and was held not to be a debt due from the treasurer to the teacher.</p> <p>2. The rule seems to be, that a person deriving his authority from the law to receive and hold money or property cannot be garnisheed for the same; because the money or property is in the custody or control of the law, and while it so continues it does not belong to the debtor. While it so remains, the law may control it, and it may never be paid to the debtor in execution.</p> <p>3. Same—money in the hands of the school treasu/rer. Where it appeared, that a teacher’s schedules had been placed in the hands of a township school treasurer, for teaching in a district, and there were funds in the hands of the treasurer subject to be apportioned to that and other districts, but had not been when the garnishee process was served, but a portion of the fund was subsequently apportioned to the district and ordered to be paid on these schedules; Held, that the money was not liable to be garnisheed at the time of service, nor did it become so on that service, by the subsequent appropriation, whatever might have been the effect of a service after the order for its payment and before its payment to the debtor in the garnishee proceeding. Nor can school d