Teeples v. Choquette

403 P.2d 920 | Utah | 1965

CALLISTER, Justice.

Defendant, Don Choquette, was arrested for a traffic violation, appeared before Justice of the Peace, Mel Humpherys, and deposited $500 cash in lieu of bail. He was subsequently fined $50 and the remaining $450 returned to him.

While the Justice of the Peace was still holding the $500, and four days prior to the imposition of the fine, plaintiff caused to he served upon Humpherys a writ of garnishment. The lower court denied plaintiff’s motion for a garnishee judgment against Humpherys, and he appeals.

At the time of the service of the writ of garnishment the liability for the return of the bail or any part thereof¹ was not absolute. The $500 was serving the purpose of cash bail, was in' custodia legis, and incapable of being reached by garnishment.²

Affirmed. No costs awarded.

HENRIOD, C. J., and McDONOUGH, CROCKETT, and WADE, JJ., concur.

1 . 77-43-21, U.C.A.1953.

2 . See: 8 Am.Jur.2<3, Bail and Recognizance, § 89 and 1 A.B.R.3d 945.