
    The State v. N. G. Cleary, late Sheriff of Charleston.
    
      Colleton, November, 1833.
    priority over except '’[leases ltatute°d by The State is not entitled to
    judgement had been recovered in this case against the defendant for tax executions lodged in his office, and under the execution, a plantation and negroes were sold. At this Term Attorney General on the part of the State, obtained a rule against the sheriff to show cause why the monies made should not be paid over: the sheriff in answer showed for cause, that there were prior executions in his office claiming the funds, and the question submitted was, whether the State was entitled to preference over prior execution creditors : Mr. Justice Earle held that it was, and ordered the rule to be made absolute. The defendant appealed and moved to reverse this decision.
    
      Grimke, for the motion,
    cited State v. Harris, 2 Bail. 598 ; Com’rs. Public Accounts v. Greenwood, 1 Eq. Hep. 450.
    
      Smith, Attorney General, contra.
    The State v. Harris was under the insolvent debtors act, which gives no priority. Cited 4 T. R. 410; 3 Com. tit. Exon. 384; 2 Bur. 735.
   Per Curiam.

The point involved in this case was decided in the case of the State v. Harris. The motion to reverse the decision of the judge below, is granted.  