¶1was of opinion that the marshal ought to return both writs levied upon the whole property found; and Cranch, C. J., was of opinion that the first writ which came to the hands of the marshal had the preference. Thruston, J., was of opinion that all the attaching creditors should come in pari passu. Morsell, J., was of opinion that the attachment first levied had priority, but that as both were simultaneously levied, the distribution should be pari passu.
2 D.C. 200
Violette v. Tyler
Decided April 15, 1820
There were several writs of attachment at law. Violette’s was the first which came to the hands of the marshal. English brought his afterwards, and broke into the house and showed the goods to the marshal, who attached them on Violette’s writ as well as English’s, and so returned them. claimed the priority, because he had first shown the goods. The law is not the same as upon an execution which binds the goods from the delivery of the writ to the marshal.
Decided 1820-04-15