Case No. 8,705.

McCOBB v. TYLER.

[2 Cranch, C. C. 199.]¹

Circuit Court, District of Columbia.

April Term, 1820.

ATTACHMENT—GARNISHEE—EFFECT.

The attachment first served on the garnishee binds the effects in his hands, although the marshal had other and prior attachments in his hands at the time of such service.

This was an attachment served by summoning John Wheelwright as garnishee, by order of the plaintiff. The marshal had in his hands a prior writ of attachment upon which he was not required to summon Mr. Wheelwright as garnishee.

Mr. Mason, for the prior attachment. The general rule is that the marshal must first serve that writ which comes to his hands, and upon any property upon which he has any knowledge.

Mr. Taylor, contra. The attachment only binds from and by the levying of it.

THE COURT (nem. con.) was of opinion that the prior attachment did not affect the money in the hands of Mr. Wheelwright

¹ [Reported by Hon. William Cranch, Chief Judge.]

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