Superior Court of North Carolina, 1802

Alston v. . Clay

Superior Court of North Carolina · Decided July 5, 1802 · Taylor

3 N.C. 171

Counsel

Haywood for plaintiff: I know not of any decision in this State upon the subject. We must argue upon the reason of the thing, and by analogy to other cases. I have heard it said that money in the hands of a sheriff, by execution, for the defendant, cannot be attached, because he has a precept from the court commanding him to have it before them. But in other cases the money may be stopped in his hands by order of court. Mr. Burton replied, and his argument is contained in the opinion of TAYLOR, J.

Opinion of the Court

Taylor, Judge.

It has been several times decided, that xnonieC; in the hands ot 'it sheriff cannot be attached. Those decisions are analogous to the present,- They were made* on the ground’ that the judgments oí courts of justice should be effectual. 'Were’ the monies levied in pursuance of them attachable, they might b'e' defeated.' Attachments would be levied on'such monies when perhaps the plaintiffs were far distant,1 and unable from that circumstance to resist the claims made against them ; no bran would be assured of the effect of his judgment.

.Judgmentfor the defendant.

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