Robertson v. Beall

Le Grand, C. J., delivered the opinion of this court. The judgment in this case must be affirmed. The record ¹²⁸ does not exhibit, in any particular, any reason for reversal. The facts as shown are as follows: — At July term 1849, Samuel H. Beall, surviving obligee of Beall and Hodges, recovered a judgment in- the county court of Charles county against Daniel Jenifer for $212.06, interest and costs.

On the 5th day of February 1852, Beall sued out an attachment upon this judgment; on the 16th of February, being the first day of the term of the circuit court, the sheriff, A. D. Smoot, made return of the writ, that he had “attached the rights and credits of Daniel Jenifer in the hands of John R. Robertson, to the amount of the debt, interest and costs.?’ Daniel Jenifer never appeared, nor was there any appearance entered for him. Robertson, garnishee, appeared, but put in no plea. Interrogatories were filed by the administrators of Beall, they having appeared after the death of their intestate. To these interrogatories Robertson, the garnishee, answered: “That he, as the sheriff of Charles county, had duly receipted for, for the purpose of collection, a list of fees due to Daniel Jenifer, as the register of wills of said county, and, at the time of the laying of the attachment aforesaid, there remained an amount due on said receipts; that is to say, on the one dated the 27th of February 1851, which, this respondent had not paid, accounted for and paid over to said Daniel Jenifer, of $381.87, exclusive of interest;” that “there was no assignment on said receipt at the time of the laying of the attachment.” 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