10 Md. 125 | Md. | 1856
delivered the opinion of this court.
The judgment in this case must be affirmed. The record
The record then states that the “defendant, garnishee as aforesaid, by his attorney, moved to quash the writ of attachment, and filed in court the following reasons, to wit.” No reasons were filed,, nor did the court ever act on the motion to quash made by the garnishee.
It then’appeared that James C. Jenifer, claimant, appeared and moved to quash the attachment, for the following reasons:
1st. Because said attachment was laid upon property in the custody of the law.
2nd. Because said attachment was laid upon the amount due to Daniel Jenifer, as register of Charles county, upon a list of fees due to him in his official capacity, which he had placed in the hands of John R. Robertson, as sheriff of Charles
The court overruled the motion to quash, made by Jenifer, the claimant, and entered up judgment. The “defendant'’ then prayed an appeal, which was allowed.
The person properly designable as defendant was Daniel Jenifer, and not Robertson, the garnishee, but the record shows the latter was considered as the defendant as well as the garnishee. If he be considered as defendant so far as this appeal is concerned, he has not shown any reason why the judgment should be reversed. He admits the possession of funds to the amount of the judgment of condemnation, and the debt of the plaintiff being established by the original judgment on which the attachment issued, and there being a total failure of evidence to show any interest in the claimant, the court below could not have acted otherwise than it did.
At the time of the issuing of the attachment neither Daniel Jenifer nor John B. Robertson were in office, their terms of service having expired. There was nothing in public policy which interdicted the levying of the attachment. Had the parties been in office the case might have been different. The defendant and garnishee being both out of office stood in the same relation to each other as any other creditors and debtors in the community, and of course liable to the same rales of law.
Judgment affirmed.