Goulding v. Fenwick

Decided October 15, 1822

A fieri facias against the rights and credits only of the defendant, was issued from the office of the clerk of this court, by order of the justice of the peace who rendered the judgment, and was returnable to the same office on the 1st Monday of October, 1822.

Decided 1822-10-15

The Court,(Thruston, J., absent,)

¶1overruled both motions, being of opinion that this Court has no jurisdiction in the cause ; and that the law has provided no means of compelling the garnishee to pay the money.

¶2The Court said that, perhaps, if the garnishee upon such notice, should voluntarily pay, he might plead such attachment and payment against his creditor, but' upon this point they did not mean to give an opinion.