State ex rel. Cotton v. Lindsay
State ex rel. Cotton v. Lindsay
Opinion of the Court
This action is upon a constable’s bond Mr failure to notify plaintiff of the exemptions to which she was entitled as the head of a family. The damages
The point in this case is as to the sufficiency of the evidence to show an assignment prior to the garnishment of the debt due plaintiff from the Chicago & Alton Railroad Company. If Hill was the . , * assignee or that fund, it could not be sub-jeeted to garnishment upon an. execution in his favor against the plaintiff. For garnishment upon execution in favor of A.' against B. can only reach property and effects belonging to B. It does not sequester property and effects which belong to A. The testimony of Hill shows that no assignment of the fund seized by the constable on the writ of garnishment was ever actually made or executed to him. The extent of his testimony is that certain prior bills had been put in his name by the plaintiff, but it wholly fails to show that she ever carried' out her promise to him to assign bills representing what was in the hands of the garnishee when the garnishment was served, or that she agreed on the amount thus held and assigned it to him. That he did not claim as assignee of this remainder is shown by his causing it to be seized as her property and the return of the constable that it was applied as her property to an execution against her. Upon the admissions of the defendant constable and the other evidence contained in this case, there was a clear breach of duty on his part ip failing to apprise plaintiff of her exemption rights and protecting such rights after he was notified of plaintiff’s claim and right to the money in his hands. The judgment herein will be reversed and the cause remanded, to be tried in conformity with this opinion.
Reference
- Full Case Name
- State ex rel. Mary E. Cotton v. James T. Lindsay
- Cited By
- 1 case
- Status
- Published