Carmack v. Nichols

The determinative question presented on this appeal from a decree of the Chancellor, is whether or not appellant Carmack, a judgment creditor of Claude Nichols, one of the parties, may subject to the satisfaction of his judgment by (1) levy of execution, or (2) bill of discovery under the statute money taken from the person of Nichols, while a prisoner under arrest by police officers, when the money was not connected with the crime for which he had been arrested.

It must be conceded, as found by the Chancellor, that the point has been directly decided by this Court adversely to appellant…