Hunt v. Stevens

25 N.C. 365 | N.C. | 1843

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 proper judge to whom such moneys belong. The judgment must be affirmed.

Per Curiam. Judgment affirmed.