Lowe v. Hulliger

Herrmann, J.:

The question presented for decision is this: May money in the hands of a sheriff, collected on execution and held by him for distribution to an execution creditor, be attached or garnished under a writ of foreign attachment?

On October 5, 1951, the plaintiff recovered a judgment against the defendant and a writ of attachment fi. fa. was issued thereon. A levy was made by the Sheriff upon property of the defendant. On November 8, 1951, the defendant delivered to the Sheriff a sum of money sufficient to satisfy the judgment and all costs. On the same day, a writ of foreign…