Overton v. Hill.

Decided June 5, 1805

Supreme Court of North Carolina · decided 1805-06-05

—from Fayetteville. Thomas Overton having recovered a judgment against John Hill, in Fayetteville Superior Court, execution was issued and the money levied, aiid on the return-day of the * , * execution, the money was paid into the office. On the same day the clerk of the court was summoned as a garnishee at the suit of Hector M‘A!ister against the said Overton, on an attachment returnable to the county court of Cumberland.

Cited by 1 later decisions — most recently June 1843

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1805-06-05

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By the Court.

¶1 The money paid into the office upon the execution against Hill cannot be attached at the instance of Overton’s creditors ; nor will the court apply this money to the discharge of the judgment which Patsey Glas-cock recovered against Overton, no reason being- shown to the court why this money should be stopped in transitu. and such an application not being allowed as of course.

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Case posture

Posture: THOMAS OVERTON having recovered a judgment against John Hill, in Fayetteville Superior Court, execution was issued and the money levied, and on the return day of the execution the money was paid into the office. On same day the clerk of the court was summoned as a garnishee at the suit of Hector McAlister against the said Thomas Overton, on an attachment returnable to the County Court of Cumberland. The attorney in fact for Thomas Overton applied to the clerk for the money which had been paid into the office upon the aforesaid execution against Hill; and Patsy Glascock having recovered a judgment against the said Overton in the said court, which judgment remained unsatisfied, a motion was made to the court on her behalf, that the balance of the said money, after the judgment to be recovered upon the attachment aforesaid should be satisfied, should be applied towards the discharge of her said judgment. The case was sent to this Court upon the following questions: First, whether the money paid into the office upon the (48) execution against Hill was liable to be attached at the instance of McAlister, in the hands of the clerk; and, secondly, whether the court will apply the money paid into the office for Overton to the discharge of Patsy Glascock's judgment against him.

Source: CourtListener

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Supreme Court of North Carolina