Clymer v. Willis
California Supreme Court
Appeal from the District Court of the Ninth Judicial District, Colusi County. This was an application against the sheriff, to pay over money which came into his hands on execution. The proceeding was under “ an act concerning sheriffs,” passed April 29th, 1851. The following were the facts presented to the court as agreed upon.
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Appeal from the District Court of the Ninth Judicial District, Colusi County. This was an application against the sheriff, to pay over money which came into his hands on execution. The proceeding was under “ an act concerning sheriffs,” passed April 29th, 1851. The following were the facts presented to the court as agreed upon. That at the November Term, 1852, said Clymer obtained judgment against L. H. Sanderson for $3647, upon which an execution issued and was delivered to H. P. Bernes, then acting as under-sheriff of said Willis, on the 6th November, 1852, returnable in 30 days; the return…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
The remedies of attachment and garnishment are the creatures of statute, and cannot be extended to cases not named in the act.
Money in the hands of the sheriff collected on execution, is not a debt due to the plaintiff in execution, but is in the custody of the law until finally and properly disposed of. It cannot therefore be the subject of attachment or garnishment. If the attaching creditor of the plaintiff in execution was otherwise remediless, it may be that chancery would afford relief by process of sequestration, but this we are not now called on to decide.
A…
2Cited by8 opinions
- Withington v. ShayCalifornia Court of Appeal · 1941
- Lightner v. SteinagelIllinois Supreme Court · 1864
- Hill v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1861
- Hardy v. TiltonSupreme Judicial Court of Maine · 1878
- Hooker v. WigginsSupreme Court of Florida · 1932
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