
    MACALESTER ET AL. vs. WILLIS ET AL. BELL, APPELLANT.
    Eastern Bis.
    
      April, 1833.
    APPEAR PROM THR PARISH COURT POR THE PARISH AND CITY OP NEW-ORLEANS.
    A claim, with privilege on the funds of defendant, in the' garnishees hands, urged hy the latter in his answers to interrogatories, and unsupported on the trial, will not he examined in the Supreme Court.
    The plaintiffs claimed three thousand and seventy-two dollars; and forty-eight cents, for merchandize sold and deli* vered to the defendants, who resided out of the state, and cited Bell as garnishee. He answered, that he had in his posses- ° ...... j> sion, and belonging to the defendants, sixty-eight pieces oí bagging and one hundred and twenty-three boxes tin, an outstanding claim for two thousand seven hundred and forty-two dollars and ninety-nine cents; that the defendants were indebted to him certainly in the sum of three thousand one hundred and forty-three dollars and eighty-four cents; and as he believed, in the further sum of two thousand and sixty-three dollars and forty-four cents, and that he had a privilege over all others, in all the property of the defendants in his hands, for the payment of the amount due to him.
    pl.L1cc1“jnl¿nw¿* lañtfin the6gari uí-gcd by the lad ter in his answers to imerrogato-ríes, ana unsup-f^me Court!*
    Judgment was rendered against the defendants for three thousand and sixteen dollars and eighty-one cents. The garnishee appealed.
   The^opinion of the'court, Porter, J. absent, was delivered by

Mathews, J.

This suit was commenced by attachment, and Samuel C. Bell was summoned as garnishee, who, in answering interrogatories propounded to him, acknowledged property in his possession, and credits belonging to the defendants to a certain amount. The court below rendered judgment in favor of the plaintiffs against the defendants, for the sum claimed in the petition, and also condemnedlhe garnishee to pay over to the former, the amount of funds of the latter appearing to be in his hands, and from this judgment, he appealed.

The cause is submitted to this court without argument and without any points filed on the part of the appellant.

We have examined the testimony on which the Parish , _ Court seems to have founded its -judgment, ana are unable to •’ perceive any error in relation to the amount adjudged to the plaintiffs. It is true the garnishee claimedjn his answers to the interrogatories, privilege on the funds acknowledged to be in his possession, on account of advances of money made to the defendants; but this claim of privilege does not appear to have been supported on the trial of the cause.

Peirce, for appellants.

L. C. Duncan, for appellees.

it is? therefore, ordered, adjudged, and decreed, that the judgment of the Parish Court be affirmed with costs.  