2 Kan. App. 407 | Kan. Ct. App. | 1895
The opinion of the court was delivered by
The plaintiff in error, who was plaintiff below, commenced an action under section 481 of the code, for the purpose of subjécting to the payment of a judgment which he had obtained against the Abilene Bridge Company, a Dickinson county warrant drawn in favor of the bridge company and in the hands of M. H. Bert, as county clerk of that county. In his petition the plaintiff alleged the recovery of a judgment before a justice of the peace against said bridge company ; the issuing of an execution, and the return thereof unsatisfied for the want of personal property on which to levy the same ; the issuing of a garnishment summons to the said M. H. Bert and his answer thereto, before the justice, admitting the holding by him, as county clerk, of a county warrant of the value of $126, drawn by him, as county clerk of Dickinson county, on the treasurer of said county, payable to the order of the Abilene Bridge Company. Plaintiff further alleged, that said bridge company was wholly insolvent, and that it had no other property out of which the plaintiff could make his judgment.. The plaintiff, asked that a receiver be appointed to take possession of said county warrant,
We think the decision and judgment of the trial court must be sustained, whatever may be the views of this court as to the reasons assigned therefor. A decision which the record shows is the only proper one that could have been made will not be disturbed by an appellate court simply because it may not agree with the particular reason assigned by the trial court for its conclusions. No satisfactory reason has been suggested why the section of the statute under which this proceeding was had is not broad enough to embrace anything of value, without regard to its character or situation, which is not subject to levy on execution. Property in the hands of a public officer, such as a county clerk, cannot be reached by a proceeding in garnishment. (Switzer v. City of Wellington, 40 Kan. 250; National Bank v. City of Ottawa, 43 id. 294.) But a rule which rests simply upon grounds of public policy, and is enforced merely to avoid interference with public duties, certainly does not wholly exempt property so situated from the claims
The judgment will be affirmed.