Lillard v. . Reynolds

Supreme Court of North Carolina

Lillard v. . Reynolds

25 N.C. 364

Supreme Court of North Carolina·Decided June 5, 1843·Published

Opinion

We think the opinion of the Court below correct. It has been repeatedly decided that money in the hands of a sheriff, raised by execution, or moneys in the hands of a clerk of a court, by virue [virtue] of his office, cannot be attached. Alston v. Clay, 3 N.C. (366) 171; Overton v. Hill, 5 N.C. 47. The Court, and not these officers, is the proper judge to whom such moneys belong.

PER CURIAM. Affirmed.

Cited: Coffield v. Collins, 26 N.C. 491; Williamson v. Nealy,119 N.C. 341

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We think the opinion of the Court below correct. It has been repeatedly decided that money in the hands of a sheriff, raised by execution, or moneys in the hands of a clerk of a court, by virue [virtue] of his office, cannot be attached. Alston v. Clay, 3 N.C. (366) 171; Overton v. Hill, 5 N.C. 47. The Court, and not these officers, is the proper judge to whom such moneys belong.

PER CURIAM. Affirmed.

Cited: Coffield v. Collins, 26 N.C. 491; Williamson v. Nealy,119 N.C. 341

Lillard v. . Reynolds, 25 N.C. 364 (N.C. 1843).

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Opinion

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