The state of Colorado, municipal corporations, quasi-municipal corporations, and any officer, board, or commission thereof, having the control of the disbursing of any fund, whether the same be derived from appropriations, levies, fees, licenses, special taxes, or otherwise within the state of Colorado, shall be subject to garnishment upon writs of attachment and execution in the same manner as private corporations are subject to garnishment under such writs; except that the state of Colorado shall not be subject to garnishment regarding salaries or fees due to any officer designated as such and whose salary or fees are fixed by the provisions of the constitution of the state of Colorado.
Source: L. 27: p. 374, § 1. Code 35: § 132A. CRS 53: § 77-12-1. C.R.S. 1963: § 77-12-1.
ANNOTATION
Annotator's note. Since § 13-61-001 is similar to repealed Appendix B, § 4, C.R.C.P., and rules antecedent to Appendix B, § 4, C.R.C.P., cases construing those provisions have been included in the annotations to this section.
In the absence of a statutory provision a county is not subject to garnishment. McFerson v. Bd. of Comm'rs, 78 Colo. 354, 241 P. 733 (1925).
Municipal corporations are not counties. Stermer v. Bd. of Comm'rs, 5 Colo. App. 379, 38 P. 839 (1894); Bd. of Comm'rs v. Brown, 6 Colo. App. 43, 39 P. 989 (1895); Gann v. Cribbs, 6 Colo. App. 484, 41 P. 829 (1895); McFerson v. Bd. of Comm'rs, 78 Colo. 354, 241 P. 733 (1925).
Applied in State v. Elkins, 84 Colo. 409, 270 P. 875 (1928).