157 Mich. 339 | Mich. | 1909
This is an action of assumpsit brought by the plaintiff against the defendant McCarthy before a justice of the peace of Marquette county. The declaration was on the common counts, and judgment was rendered by said justice in favor of said plaintiff and against said defendant, Shields McCarthy, for the sum of $89.85 damages and $3 costs, on February 26, 1908. On the 29th of February a summons in garnishment was issued to the city of Marquette, and duly served. On the 4th of March, 1908, the said garnishee defendant filed with said justice its written disclosure setting forth that it was indebted to said Shields McCarthy, principal defendant, for services as city comptroller in the sum of $125 over and above all legal set-offs, and that said indebtedness was for the salary of said comptroller of said city for the month of February. The disclosure also made note of the claim of Elizabeth Kitts as assignee under a written assignment, and the sum of $125 was paid into the hands of the justice. Thereupon the said Elizabeth Kitts was served with notice and with a copy of the disclosure, citing said claimant to appear before said justice at his office in the city of Marquette on the 25th of March, 1908. On March 27, 1908, the parties appeared before said justice. Plaintiff declared on the common counts in assumpsit, and specially on the judgment hereinbefore mentioned, claiming damages $300, etc. Defendant pleaded the gen
“All corporations of whatsoever nature, whether foreign, domestic, municipal or otherwise, except counties, may be proceeded against as garnishees in the same manner and with like effect as individuals under the provisions of this act, and the rules of law regulating proceedings against corporations and the summons against the garnishees in such case may be served on the president, cashier, secretary, treasurer, comptroller or other principal officer of such corporation,” etc.
The question is whether it was the legislative intent to authorize garnishee proceedings against municipal corporations where the principal defendant was an officer or employé of such municipality. It is true that the statute does not by name make the officers and employes of municipal corporations subject to the operation of garnishment proceedings against the municipality, but it is likewise true that they are not excepted by the terms of the act. We are of opinion, after careful consideration, that it was the legislative intent to provide for garnishment proceedings against municipal corporations by this legislation, not alone where the principal defendant was one sustaining simply a commercial or contractual relation with the municipality, but likewise to its officers and employés
The other assignments need not be discussed.
Judgment is affirmed.
Section 1014, 1 Comp. Laws, was amended by Act No. 257, Pub. Acts 1899, and again amended by Act No. 73, Pub. Acts 1903. It provides that:
“All corporations of whatsoever nature, whether foreign, domestic, municipal or otherwise, except counties, may be proceeded against as garnishees in the same manner and with like effect as individuals under the provisions of this act, and the rules of law regulating proceedings against corporations,” etc.
In view of the settled and general rule of public policy applied by this court in Granger v. French, 152 Mich. 356 (116 N. W. 181), and in view, also, of the language of the statute in which all corporations, domestic as well as municipal, except counties, are placed upon the same footing with respect to their liability as garnishee defendants, I think the statute should be construed as making municipal corporations liable as garnishee defendants in those
The judgment should be reversed, and no new trial granted.