Simpson v. Peirce
Simpson v. Peirce
Opinion of the Court
The defendant, appellant from a judgment on her promissory note, complains that the court erred in making her liable for a sum of $30, attached in her hands by a creditor of the plaintiff. She stated in her answer, that “ she was held bound, as garnishee, by William Ross, plaintiff in attachment, in a suit against the present plaintiff and appellee, in the sum of $30, which she opposes by' way of reconvention.” Her counsel has contended, that “ the plaintiff and appellee, having his remedy against the attaching creditor, had no right to attack her, (the garnishee,) and put her to the expense and trouble of a defence, when the law does not allow her to interfere with the merits of the case between the plaintiff and defendant in the attachment; that the District Court had no jurisdiction over the attachment case, and had no right to inquire into the merits, nor to interfere, the amount being only $30; that upon proof of the garnishee’s liability to the attaching creditor for that sum, the court should have allowed it in compensation and reconvention, and, libérating the defendant, have left the plaintiff to pursue his remedy against the plaintiff in attachment, before the proper tribunal, by appeal or action of nullity.
It appears to us, that complete justice has been done to the defendant and appellant. She does not allege that she has paid any thing for the plaintiff and appellee, but that she may be liable to pay the sum of $30 for him, in case he should be cast in the suit brought against him by attachment, in which she has been made garnishee. The District Court could not, after it deducted
Judgment affirmed.
The defendant was made a garnishee in a proceeding before a Justice of the Peace.
Reference
- Full Case Name
- Charles Simpson v. Phœbe Peirce
- Cited By
- 2 cases
- Status
- Published