Alston v. . Clay

Superior Court of North Carolina

Alston v. . Clay

3 N.C. 171

DecidedJuly 5, 1802

StatusPublished

This text of 3 N.C. 171 (Alston v. . Clay) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alston v. . Clay, 3 N.C. 171 (N.C. Ct. App. 1802).

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Opinion

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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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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Bluebook (online)

3 N.C. 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alston-v-clay-ncsuperct-1802.