1 Shan. Cas. 43
Decided September 15, 1850
Tennessee Supreme Court · decided 1850-09-15
A garnishee answered before a justice of the peace that he had three hundred pounds of porlc in his hands belonging to tbe defendant,;, whereupon the justice rendered judgment against the defendant for the value of the pork. The garnishee did not appeal from this judgment within the time prescribed by law; but brought the case into the circuit cornt by certiorari, where the judgment of the justice was quashed.
Decided 1850-09-15
¶1The 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.
¶2Judgment affirmed.