Alston v. . Clay

Decided July 5, 1802

Superior Court of North Carolina · decided 1802-07-05

The PXIS plaintiff had attached money of the defendant’s in the hands of the clerk of the court, which cam® into his hands upon the return of an execution, in which the defendant in this action was plaintiff. Upon that point the canos was removed to this court, and now came on to be argued. I know not of any decisions in this State upon the subject. We must argue upon the reason of the thing, and by analogy to other cases.

Decided 1802-07-05

Taylor, Judge.

¶1 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.

¶2 .Judgmentfor the defendant.