Legal Opinion

Barrett v. Thomas

Tennessee Supreme Court

Decided September 15, 1850PublishedCited by 15 opinions

A garnishee answered before a Justice of the Peace that he had three hundred pounds of pork in his hands belonging to the 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 Court by cetiorari, where the judgment of the justice was quashed.

1Opinion of the Court

McKinney, J.:

The petition for, cetiorari does not show a sufficient cause for not appealing ; but this is nota case where that is ma-*68fcorial, 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. The writ of garnishment as used in Tennessee was unknown to the common law. The Circuit Judge properly quashed the judgmental.(1) Judgment affirmed.

A void judgment is the same as no judgment at all, and all who aot under it are trespassers. Sherrell v.…

2Cited by15 opinions

  1. Parker-Washington Co. v. DennisonSupreme Court of Missouri · 1916
  2. Freeman Appeal from Doings of CommissionersSupreme Court of Connecticut · 1899
  3. Burrow v. LewisCourt of Appeals of Tennessee · 1940
  4. State ex rel. Enterprise Milling Co. v. BrownSupreme Court of Missouri · 1907
  5. AM Edwards Co. v. DunningtonLouisiana Court of Appeal · 1952

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