Barrett v. Thomas

Tennessee Supreme Court

Barrett v. Thomas

1 Shan. Cas. 43

DecidedSeptember 15, 1850

StatusPublished

This text of 1 Shan. Cas. 43 (Barrett v. Thomas) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barrett v. Thomas, 1 Shan. Cas. 43 (Tenn. 1850).

Pincite

Opinion

McKinney, J.:

The petition for certiorari does not show a sufficient cause for not appealing; but tbis is not a case where that is material, as the judgment of the justice of the peace is void, and not merely erroneous. The justice had no- power to render a judgment for money. It should have ordered the pork to be delivered up- for sale. Tbe writ of garnishment as used in Tennessee was unknown to the common law. The circuit judge properly quashed tbe judgment.

Judgment affirmed.

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McKinney, J.:

The petition for certiorari does not show a sufficient cause for not appealing; but tbis is not a case where that is material, as the judgment of the justice of the peace is void, and not merely erroneous. The justice had no- power to render a judgment for money. It should have ordered the pork to be delivered up- for sale. Tbe writ of garnishment as used in Tennessee was unknown to the common law. The circuit judge properly quashed tbe judgment.

Judgment affirmed.

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Bluebook (online)

1 Shan. Cas. 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barrett-v-thomas-tenn-1850.