Opinion
(Fall Riding, 1805.)
A garnishee cannot be asked whether he does not owe as administrator, but he may be as to whether he does not owe as heir or devisee.
ATTACHMENT for a debt, and Mr. Hamlin was summoned as a garnishee. It was now objected that he ought not to be asked whether he owed as the executor of his father or grandfather.
Haywood and Plummer, for the plaintiffs, forebore any such question; but they asked him whether he did not owe as heir to his father or grandfather, and he answered; and his counsel, Mr. Brown, (355) did not object to the question; and he admitted a bond due from his grandfather, and that he had assets from him, not as heir, but as devisee.
He cannot be interrogated in that character, unless the Court can be convinced by further argument that the case of Welch v. Gurley, ante, 334, decided not long since at Wilmington, is not law.
NOTE. — See Welch v. Gurley, ante, 334.
Cited: Russell v. Hinton, 5 N.C. 473.