No judgment shall be rendered upon a liability of the garnishee arising by reason of any money in his hands as a public officer and for which he is accountable to the defendant merely as such officer.

Source: SL 1909, ch 156 , § 18; RC 1919, § 2471; SL 1925, ch 183 ; SDC 1939 & Supp 1960, § 37.2819 (3).