'Money in the hands of the clerk of a court by virtue of his office cannot be attached.
June 1843
The cases of Alston v Clay, 2 Hay. 171, and Overton v Ilill, 1 Murph. 47, cited and approved.
Appeal from the Superior Court of Nash county, at Spring Term, 1843, his Honor Judge Manly presiding.
This was a proceeding by original attachment. B. H. Blount, the clerk of the Superior court of Nash county, was summoned as a garnishee, and stated in his garnishment the amount of money he had in his office as clerk, which apparently belonged to the defendant. The plaintiff moved the court that the money thus held by the clerk be condemned to the satisfaction of his demand. The court refused this motion, upon the ground that funds in his hands, in his official capacity, were not liable to be attached: from which decision the plaintiff appealed..
No counsel for the plaintiff.
Ji. F. Moore for the defendant.
Daniel, J.
We think the. opinion of the court below correct. It has been repeatedly deecided that money in the hands of a sheriff, raised by execution, or moneys in the hands of a clerk of a court by virtue of his office cannot be attached. Alston & Co. v Clay, 2 Hay. 171. Overton v Hill, 1 Mur. 47. The court, and not these officers, is the *366proper judge to whom such moneys belong. The judgment must be affirmed.
Per Curiam. Judgment affirmed.