Mattingly v. Boyd (1857) – Case Brief Summary (U.S. Supreme Court)

In Mattingly v. Boyd (1857) 61 U.S. 128, on a process of foreign attachment, the trustee was restrained from paying his debt by an order of court.

The suit abated by the plaintiffs' death after the restraining order had been in force twenty-six years.

During that time, the right of action of the trustee's creditor, and the statute of limitations, were suspended, because the fund was in the control of the law.

The intended exception of such a case, not expressed in the statute, was implied by the general rule of construction.