TEEPLES v. CHOQUETTE

No. 10324.

17 Utah 2d 27 (1965)

403 P.2d 920

LYNN TEEPLES, PLAINTIFF AND APPELLANT, v. DON CHOQUETTE, DEFENDANT AND RESPONDENT. JUDGE MEL HUMPHERYS, GARNISHEE.

Supreme Court of Utah.

July 13, 1965.


Attorney(s) appearing for the Case

Galen Ross, Salt Lake City, for appellant.

Phil L. Hansen, Atty. Gen., Ronald N. Boyce, Chief Asst. Atty. Gen., Salt Lake City, for respondent.


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 be served upon Humpherys a writ of garnishment. The lower court denied plaintiff's...

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