Legal Opinion

Post v. Love

Supreme Court of Florida

Decided January 15, 1883PublishedCited by 6 opinions

Appeal from the Circuit Court for Gadsden county. Post & Hobby are judgment and execution creditors of A. L. and A. W. Smith, partners.

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Appeal from the Circuit Court for Gadsden county. Post & Hobby are judgment and execution creditors of A. L. and A. W. Smith, partners. The affidavit in garnishment was made by John W. Malone as attorney for Post & Hobby, and it was suggested in writing by said attorney that “ E. C. Love, as executor of M. A. Gilchrist, is indebted to, or has effects or property of said A. ~W. Smith in his hands or possession or control,” and “ a writ of garnishment to be directed to said E. C. Love, as executor as aforesaid, in pursuance of law,” was prayed. The writ issued, commanding the sheriff “ to…

1Opinion of the Court

The Chief-Justice

delivered the opinion of the court:

The question presented by the record is whether an executor, as such, is to be held to answer to a writ of garnishment at the instance of a creditor of a legatee under the garnishment laws of this State.

In Williams on Executor, 6 Am. Ed., Vol. 3, p. 2001, it is laid down that there cannot be “ an attachment of a legacy; for creditors have an interest in it, and they are incapable of being warned.” He cites Scurra vs. Merciall, 1 Roll. Abr., 551; Wood vs. Smith, Noy, 115 ; Chamberlain vs. Chamberlain, 1 Ch. Cas., 257 ; Com. Dig. Attachment D.…

2Cases cited2 opinions

  1. Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1827
  2. Stratton v. HamIndiana Supreme Court · 1856

3Cited by6 opinions

  1. United States Pipe & Foundry Co. v. Holcomb Pipe Lines, Inc.Court of Appeals for the Fifth Circuit · 1972
  2. Flanary v. BaileyDistrict Court of Appeal of Florida · 1991
  3. Duval County v. Charleston Lumber & Manufacturing Co.Supreme Court of Florida · 1903
  4. Ladd v. JudsonIllinois Supreme Court · 1898
  5. Murray v. Nationsbank of Florida, N.A.District Court of Appeal of Florida · 2003

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