Wells v. Gant
Tennessee Supreme Court
Gant recovered a judgment against William Webb, for ninety dollars and fifteen cents; the execution of this judgment was stayed by James Caperton; at the expiration of the stay, an execution was placed in the hands of William W. Haley, a constable of Williamson county, who collected the money upon it. Wells was one of Haley’s securities, for the faithful discharge of his duties as constable.
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Gant recovered a judgment against William Webb, for ninety dollars and fifteen cents; the execution of this judgment was stayed by James Caperton; at the expiration of the stay, an execution was placed in the hands of William W. Haley, a constable of Williamson county, who collected the money upon it. Wells was one of Haley’s securities, for the faithful discharge of his duties as constable. Gant moved against Haley and Wells for judgment, for not paying to him the money so collected by him as aforesaid, and a judgment was rendered in favor of Gant in the circuit court of Williamson county;…
1Opinion of the CourtPeck, J.
This cause came into the circuit court by petition and certiorari. The principal grounds in the petition are, that no notice was given the security of the intended motion; therefore, the petitioner could not appeal: That after the money had been collected, day was given-by the plaintiff in the execution, to the constable, for payment: That by such indulgence, after the money was made, the same was lost; and that the justice had no jurisdiction; There was no motion to quash, but amotion to dismiss, which was overruled.
The circuit court gave judgment for the plaintiff in the motion. The proof…
2Cases cited3 opinions
- McLemore v. PowellSupreme Court of the United States · 1827
- Fontaine v. Phœnix InsuranceNew York Supreme Court · 1813
- Shaw v. GrifithMassachusetts Supreme Judicial Court · 1811