The money paid into the office upon the execution against Hill cannot be attached at the instance of Overton’s creditors ; nor will the court apply this money to the discharge of the judgment which Patsey Glas-cock recovered against Overton, no reason being- shown to the court why this money should be stopped in transitu. and such an application not being allowed as of course.
Overton v. Hill, 5 N.C. 47, 1 Mur. 47 (1805)
June 1805
·
Supreme Court of North Carolina
5 N.C. 47, 1 Mur. 47
Overton vs. Hill
—from Fayetteville.
Thomas Overton having recovered a judgment against John Hill, in Fayetteville Superior Court, execution was issued and the money levied, aiid on the return-day of the * , * execution, the money was paid into the office. On the same day the clerk of the court was summoned as a garnishee at the suit of Hector M‘A!ister against the said Overton, on an attachment returnable to the county court of Cumberland. The attorney in fact for Thomas Over-ton applied to the clerk for the money which had been paid into the office upon the aforesaid execution against Hill: and Pátsey Glascock having recovered a judgment against the said Overton in the said court, which judgment remained unsatisfied, amotion was made to the court on her behalf, that the balance of'the said money, after the judg-snout to be recovered upon the attachment aforesaid should be satisfied, should be applied towards the discharge of her said judgment. — The case was sent to this court upon the following questions : first, whether the money paid into the *48office upon the execution agaiust Hill was liable to be at-v'tached at the instance of M-Alister, in the hands of the clerk ? And secondly, whether the court will apply the money paid into the office for Overton, to the discharge of Patsey Glascock’s judgment against him ?
*47i^oneypai'5 j.nt0 th® ot* fice upon an execution attached in ti?.e lnstB»®e «>1 °yii.e execution, stop°mouey .beenPaid fice upon an theinstance °^ynthe° ™“^st0 charge of a gainst"bÍ is *48liot miowud aud-.viunot uniSsgood cause be sheira.