Menees v. Matthews
District Court, M.D. Tennessee
At Law. Action by Thomas Menees against T. J. Matthews and others. There was a judgment for plaintiff, and defendants applied for a stay of execution pending garnishment proceedings against them.
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At Law. Action by Thomas Menees against T. J. Matthews and others. There was a judgment for plaintiff, and defendants applied for a stay of execution pending garnishment proceedings against them. Action for damages by Thomas Menees, a citizen and resident of Missouri, against 29 citizens and residents of Tennessee, and M. H. Winders, a citizen of Kentucky, to recover damages for the destruction of a wheat thresher belonging to plaintiff, which it was averred the defendants, who were alleged to have been members of the Night Eider Association, had blown up or caused to be blown up. A plea to…
1Opinion of the Court
SANFORD, District Judge.
It appears that execution was issued under the judgment in this cause on May 27, 1912, three days before the temporary stay order of May 30, 1912. I am of opinion that the execution should neither be recalled nor further proceedings thereunder stayed, for the following reasons:
[1] 1. It is the general rule, supported by the great weight of authority and specifically approved by the Supreme Court of the United States, that a judgment recovered in the court of one jurisdiction is not subject to garnishment in proceedings in a court of another jurisdiction. Wabash R. Co.…
2Cases cited8 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Wood v. LakeWisconsin Supreme Court · 1860
- Wabash Railroad v. TourvilleSupreme Court of the United States · 1900
- Early v. RogersSupreme Court of the United States · 1854
- Franklin v. WardU.S. Circuit Court for the District of Rhode Island · 1822
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lowenstein v. LevyCourt of Appeals for the Sixth Circuit · 1914
- McNish v. BurchSouth Dakota Supreme Court · 1926
- Eisenstadt Manufacturing Co. v. St. Louis Smelting & Refining Co.Missouri Court of Appeals · 1926