Superior Court of Delaware, 1838

Lyons' Adm'r. v. Houston's Ex'x.

Lyons' Adm'r. v. Houston's Ex'x.
Superior Court of Delaware · Decided July 5, 1838 · <italic>Per Curiam.</italic> &#8212;
2 Del. 349

Counsel

Ridgely, for plaintiff in error. Houston, for defendant.

Lyons' Adm'r. v. Houston's Ex'x.

Opinion of the Court

Per Curiam.

The exception is fatal. The act of assembly settles the priority of payment of debts in the administration of assets, and it will not do to allow it to be disturbed in this way. By allowing the debtors of the estate to be garnisheed the assets might be diverted from their lawful course of application. Thus funds applicable to judgment debts might be arrested and applied to simple contract debts. Neither an administrator, therefore, nor a debtor of the estate, can be attached or summoned as a garnishee. This is the invariable decision.

Judgment reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.