21. No person deriving his authority from the law, and obliged to execute it according to the rules of the law, can be charged as garnishee in respect of any money or pro perty held by him in virtue of that authority. 8 Mass. 246. Hence it has been held that an administrator cannot, in respect of moneys in his hand as Buell, be charged as garnishee of a creditor of his intestate, 11 Mo. 185 ; 2 Harr. Del. 349; 5 Ark. 55, 188 ; unless he have been, by a proper tribunal, adjudged and ordered to pay a certain sum to such creditor. 5 N. H. 374; 3 Harr. Del. 267 ; 10 Mo.374. Nor is an executor chargeable as garnishee in respect of a legacy bequeathed by his testator. 7 Mass. 271 ; 1 Conn. 385; 3 N. H. 67 ; 2 Whart. Penn. 332 ; 4 Mae. C. C. 443. Nor is a guardian. 4 Mete. Mass. 486 ; 6 N. H. 399. Nor is a sheriff, in respect of money collected by him under process. 3 Mass. 289 ., 7 Gill & J. Md. 421; 1 Bland, Ch. Md. 443; 1 Murph. So. C. 47. 2 Speers, So. C. 34, 378; 2 Ala. N. s. 253; 1 Swan, Tenn. 208 ; 9 Mo. 378; 3 Cal. 363; 4 Me. 532. Nor is a clerk of a court, in respect of money in his hands officially. 1 Dall. 354; 2 Hayw. No. C. 171 ; 3 Ired. No. C. 365; 7 Humphr. Tenn. 132 ; 7 Gill & J. Md. 421; 3 Hill, So. C. 12; Bail. Eq. So. C. 360. Nor is a trustee of an in solvent, or an assignee of a bankrupt. 5 Mass. 183; 7 Gill & J. Md. 421. Nor is a government disbursing officer. 7 Mass. 259 ; 3 Penn. St. 368; 7 T. B. Monr. Ky. 439 ; 3 Sneed, Tenn. 379; 4 How. 20.
22. A debt not due may be attached in the hands of the garnishee, but he cannot be required to pay the same until it becomes due. 6 Me. 263 ; 1 Yeates, Penn. 255 ; 4 Mass. 235 ; 1 Harr.' & J. Md. 536 ; 3 Murph. So. C. 256 ; 1 Ala. N. s. 396 ; 17 Ark. 492.
23. In most of the states, the garnishee responds to the proceedings against him by a sworn answer to interrogatories propounded to him ; which in some states is held to be conclusive as to his liability, but generally may be controverted and disproved, though in the absence of contradictory evidence always taken to be true. In order to charge
the garnishee upon his answer alone, there must be in it a clear admission of a debt due to, or the possession of money or other at tachable property of, the defendant. 2 Miles, Penn. 243; 22 Ga. 52 ; 2 Ala. 9 ; 6 La. Ann. 122 ; 19 Miss. 348 ; 7 Humphr. Tenn. 112 ; 3 Wisc. 300 ; 2 Greene, Iowa, 125 ; 12 Ill. 358 ; 2 Cranch, C. C. 543 ; 9 Cush. Mass.
530 ; 1 Dutch. N. J. 625 ; 9 Ind. 537; 21 Mo. 30.
24. Whatever defence the garnishee could set up against an action by the defendant for the debt in respect of which it is sought to charge the garnishee, he may set up in bar of a judgment against him as a garnishee. If his debt to the defendant be barred by the statute of limitation, he may take advan tage of the statute. 2 Humphr. Tenn. 137 ; 10 Mo. 557 ; 9 Pick. Mass. 144. He may set up a failure of consideration, Wright, 724 ; 2 Cons. So. C. 456 ; 1 Murph. So. C. 468 ; 7 Watts, Penn. 12 ; and may plead a set-off against the defendant. 7 Pick. Mass. 166 ; 25 N. H. 369 ; 19 Vt. 644.
25. If by a court having jurisdiction a judgment be rendered against a garnishee, and he satisfy the same under execution, it is a full defence to an action by the defendant against him for the property or debt in respect of which he was charged as garnishee • though the judgment may have been irregular, and reversible on error. 3 B. Monr. Ky. 502 ; 4 Zabr. N. J. 674 ; 12 Ill. 358 ; 1 Iowa, 86 ; 2 Ala. 180.
26. An attachment plaintiff may be sued for a malicious attachment ; and the action will be governed by the principles of the common law applicable to actions for mali cious prosecution. 3 Call. Va. 446 ; 17 Mass. 190 ; 9 Conn. 309 ; 1 Penn. N. J. 631 ; 4 Watts & S. Penn. 201 ; 9 Ohio, 103 ; 4 Humphr. Tenn. 169 ; 3 Hawks. No. C. 345 ; 9 Rob. La. 418 ; 14 Tex. 662.