Maybin v. Williamson

Superior Court of Delaware

Maybin v. Williamson

4 Del. 434

DecidedJuly 5, 1846

StatusPublished

This text of 4 Del. 434 (Maybin v. Williamson) 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.

Bluebook

Maybin v. Williamson, 4 Del. 434 (Del. Ct. App. 1846).

Pincite

Opinion

The Court

reversed the judgment on this ground. No judgment could be regularly given against a garnishee for money, on a declaration by him admitting a specific chattel in his hands, and nothing more. The justice should have ordered him to deliver the chattel to the constable to be inventoried, and would have had the same right *435 to commit him for refusing to obey such an order, as for refusing to answer. Even if the mare were not delivered, no judgment could, be given in this action for the value; but the constable might have appraised her, and maintained an action against the garnishee for her. (Dig. 350.)

Janvier, for the garnishee.

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The Court

reversed the judgment on this ground. No judgment could be regularly given against a garnishee for money, on a declaration by him admitting a specific chattel in his hands, and nothing more. The justice should have ordered him to deliver the chattel to the constable to be inventoried, and would have had the same right *435 to commit him for refusing to obey such an order, as for refusing to answer. Even if the mare were not delivered, no judgment could, be given in this action for the value; but the constable might have appraised her, and maintained an action against the garnishee for her. (Dig. 350.)

Janvier, for the garnishee.

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Bluebook (online)

4 Del. 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maybin-v-williamson-delsuperct-1846.