MICHIGAN LUMBER & MANUFACTURING COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
DUVAL COUNTY GARNISHEE, DEFENDANT IN ERROR
MICHIGAN LUMBER & MANUFACTURING COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
DUVAL COUNTY GARNISHEE, DEFENDANT IN ERROR
45 Fla. 472
Florida Supreme Court (1903)
Positive Treatment
Cited by 8 cases
Opinion of the Court
[*473] Per Curiam.
This cause being reached in its regular order for final adjudication, after due consideration thereof by Division A of the court it is found that the only question presented thereby is as to whether a county is subject to garnishment for a debt due by it to a private party at the suit of a creditor of such party. This question was fully considered and decided in the negative at the'present term of this court in the case of Duval County v. Charleston Lumber & Manufacturing Co.> and that case is fully decissive of this. It is, therefore, considered, ordered and adjudged that the judgment of the Circuit Court in said cause be, and the same is hereby, affirmed at the cost of the plaintiff in error.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Franklind W. Tyler v. Akerman, 85 Fla. 485 (Fla. 1923)…e writs of garnishment against a city. It has been held not to authorize a writ of garnishment against a county. Duval County v. Charleston Lumber & Mfg. Co., 45 Fla. 256, 33 South. Rep. 531. Reaffirmed in Michigan Lumber & Mfg. Co. v. Duval County, 45 Fla. 472, 34 South. Rep. 245. In the first case the relation of the county to the State is discussed and it is there stated that “Counties are created for the care and promotion of public interests and should not .from motives of public policy be subjected…1 / 2
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Bd. OF Cnty. Comm'rs OF Okaloosa Cnty. v. Gulf Pipeline Co., Inc., 168 So. 2d 757 (Fla. 1st DCA 1964)…ishment, to which the county is not subject in the absence of statutory authority and that none exists. We hold that appellant’s position is well taken. See 3 Fla.Jur., Attachment and Garnishment, Sec. 37; Michigan Lumber & Mfg. Co. v. Duval County, 45 Fla. 472, 34 So. 245; Duval County v. Charleston Lumber & Mfg. Co., 45 Fla. 256, 33 So. 531, 60 L.R.A. 549. The plaintiff does not seek by this suit to enforce its claim against the surety, if any, on the performance bond required by Section 255.05. Florid…
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Wesley Constr. Co. v. Biscayne Constr., Inc., 341 So. 2d 786 (Fla. 3d DCA 1977)…d in entering the above order in that it amounts to a garnishment order against Dade County, and as such, is not permitted by law. We find merit in appellant’s contention and reverse on the authority of Michigan Lumber and Mfg. Co. v. Duval County, 45 Fla. 472, 34 So. 245 (1903); Board of County Commissioners of Okaloosa County v. Gulf Pipeline Company, 168 So. 2d 757 (Fla.1st DCA 1964) and Op. Att’y Gen. 069-12 “Sovereign Immunity,” all to the effect that a county is immune from garnishment proceedings f…