Mattingly v. Boyd,
61 U.S. 128 (1857)

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U.S. Supreme Court

Mattingly v. Boyd, 61 U.S. 20 How. 128 128 (1857)

Mattingly v. Boyd

61 U.S. (20 How.) 128


By the laws of Virginia, where an absent defendant is sued and a garnishee is found within the state having funds of the absent debtor in his hands, the court may either suffer the fund to remain in the hands of the garnishee or be paid over to the attaching creditor, security being given in either case to refund the money upon a final decree.

Whilst the suit is pending, therefore, the money must be considered as in the custody of the court, and not liable to be sued for by the absent debtor against his garnishee.

Consequently, the statute of limitations does not run whilst the suit is pending, and if an action is brought against the executor of the garnishee after the termination of the principal suit in sufficient time to clear the statute, a recovery must be had.

The garnishee having used the money, his executor must pay interest from the time when the attachment process was served, up to the time of the death of the garnishee, it being so claimed in the bill.

The garnishee was entitled to a reasonable sum for the trouble which he had taken.

Page 61 U. S. 129

The case is stated in the opinion of the Court.

Page 61 U. S. 130

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