Webster v. McDaniel

Citations

• 2 Del. Ch. 297

Syllabus

<p>An interpleader will be decreed for the relief of a judgment debtor who has been summoned as a garnishee of the debt under an attachment fi. fa. against the judgment creditor.</p> <p>A debt due under a judgment is subject to attachment.</p> <p>A judgment debtor, having recovered a judgment in another Court against • his creditor, is entitled to relief in equity by a decree for set off.</p> <p>Though both judgments are legal demands equity will relieve, because they are not judgments recovered in the same Court, so that they could be set off at law under the equitable control of the Court oyer, its own judgments ; and there is, therefore, no remedy but in equity.</p>