Whitehead's v. Coleman's

Citations

• 31 Va. 784

Syllabus

<p>1. In an attachment at law byW’s administrator against J, the executors of C are summoned as garnishees, and the plaintiff in the attachment seeks to subject a legacy left by 0 to J to the payment of his debt. A common law court has not jurisdiction to compel the executors to pay the legacy.</p> <p>2. The court below having taken jurisdiction of the case, and a verdict and judgment having been rendered in favor of the defendants, on appeal this court will reverse the judgment and set aside the verdict, and direct that the proceedings on the garnishee summons he dismissed, but without prejudice to the right of the plaintiff to assert his claim in a court of chancery.</p>