Tennessee Supreme Court, 1850

Barrett v. Thomas

Barrett v. Thomas
Tennessee Supreme Court · Decided September 15, 1850 · McKinney
1 Shan. Cas. 43

Barrett v. Thomas

Opinion of the Court

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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