6 Ala. 727 | Ala. | 1844
We have several times had before us, the question here, for individuals connected as officers with courts of justice, are liable to process of garnishment from other courts. Thus we have held that a sheriff cannot be garnisheed for monies collected, at the suit of a creditor of the plaintiff in
There is a strong reason why the process should be effectual in a case like this, because the debtor may, at any time after the sale, demand and secure the money from the officer; and if it could -not be attached, suitors would be entirely remediless. — • On the other hand, no injury can arise to the officer, for it is in his power at all times, to pray the court before which the process of garnishment is returnable, to suspend its action until any question respecting the regularity of the sale, is determined. In the present case, no objection of this nature is interposed, and we must intend that no just cause for exception existed. •
Our conclusion is, that the judgment is erroneous, and therefore, it is reversed and remánded.