Lyons' Adm'r. v. Houston's Ex'x.
This text of 2 Del. 349 (Lyons' Adm'r. v. Houston's Ex'x.) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The exception is fatal. The act of assembly settles the priority of payment of debts in the administration of assets, and it will not do to allow it to be disturbed in this way. By allowing the debtors of the estate to be garnisheed the assets might be diverted from their lawful course of application. Thus funds applicable to judgment debts might be arrested and applied to simple contract debts. Neither an administrator, therefore, nor a debtor of the estate, can be attached or summoned as a garnishee. This is the invariable decision.
Judgment reversed.
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2 Del. 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyons-admr-v-houstons-exx-delsuperct-1838.