208 N.W. 17 | Minn. | 1926
Defendant's judgment against the county of Mower was entered July 13, 1925, for $1,735.37. The garnishment summons was served July 18, 1925, and disclosure had August 25, 1925. The question is whether the garnishment was permissible under section 9361, G.S. 1923, which enumerates certain cases in which garnishment is not allowed. One of those negations is: "No person or corporation shall be adjudged a garnishee * * * by reason of any debt *404 due from such garnishee on a judgment, so long as he is liable to an execution thereon."
Section 649, G.S. 1923, provides that "when any judgment is recovered against a county * * * no execution shall issue except as herein provided; * * * if payment is not made within thirty days after the time the treasurer is required by law to make settlement with the auditor next after the rendition of such judgment, execution may issue." The purpose is aptly expressed by the learned trial judge: "For reasons of public policy this statute stays the issuing of an execution for a limited time in order that the public business may not be interfered with." That time not having elapsed in the instant case, was the county "liable" to an execution on defendant's judgment?
The statute does not prohibit executions on judgments against counties. On the other hand it expressly authorizes them after the expiration of the time limited. Although at the time being execution against the county was stayed by the statute, was it not "liable" still to an execution within the meaning of section 9361 above quoted? We are of the opinion that "liable" as here used was intended to refer not alone to the status existing at the moment but also to include any future reasonably possible condition which might produce an execution. It denotes "a condition out of which legal liability may arise." See Home Ins. Co. v. Peoria P.U. Ry. Co.
Although the statement might not have been necessary to the decision of Boyle v. Musser-Sauntry L.L. Mnfg. Co.
Order affirmed.