Webb & Co. v. Lea

Decided May 15, 1834

Tennessee Supreme Court · decided 1834-05-15

The record shows that the attachment taken out in this caséis against Benjamin F. West, a citizen of the State of Louisiana. The defendant, Lea, was summoned as garnishee, and confessed that he was indebted to West about thirty-five hundred dollars; he filed a plea in abatement to the jurisdiction of the court in this case, setting out that the mercantile firm of Webb & Co. was located in Alabama, and that West was a citizen of Louisiana.

Decided 1834-05-15

Peck, J.

¶1delivered the opinion of the court.

¶2The attachment on its face shows, that West is an inhabitant of another State, namely, Louisiana. The garnishee pleads that Webb is an inhabitant of Alabama; that the court cannot entertain jurisdiction of the cause; that if compelled to pay the money on the judgment improperly rendered against him as garnishee, the same will be no bar to a subsequent recovery at the suit of West, his creditor. These facts appearing upon the record, ousts the court of jurisdiction. See the case of Kincaid vs. Francis, administrator of Thomas, Cooke’s Rep. 49, where the very point arose, and was determined. This case has been followed ever since in subsequent cases, it is believed, without exception. The judgment of the circuit court must be affirmed.

¶3Judgment affirmed.