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Teeples v. Choquette

Supreme Court of Utah
Jul 13, 1965
403 P.2d 920 (Utah 1965)

Opinion

No. 10324.

July 13, 1965.

Appeal from the Third District Court, Salt Lake County, Stewart M. Hanson.

Galen Ross, Salt Lake City, for appellant.

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


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 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 thereof was not absolute. The $500 was serving the purpose of cash bail, was in custodia legis, and incapable of being reached by garnishment.

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

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

Affirmed. No costs awarded.

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


Summaries of

Teeples v. Choquette

Supreme Court of Utah
Jul 13, 1965
403 P.2d 920 (Utah 1965)
Case details for

Teeples v. Choquette

Case Details

Full title:LYNN TEEPLES, PLAINTIFF AND APPELLANT, v. DON CHOQUETTE, DEFENDANT AND…

Court:Supreme Court of Utah

Date published: Jul 13, 1965

Citations

403 P.2d 920 (Utah 1965)
17 Utah 2

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