Fisher v. Hervey

The question presented by this appeal is whether a justice of the peace is authorized by the act of February 21, 1879, concerning garnishment, to issue garnishee process on a judgment rendered before the passage of that act.

The territorial statutes authorized proceedings of this •character before justices of the peace and in courts of record; but in the enactment of the Code of Civil Procedure all were repealed, saving only the process of garnishment in attachment proceedings before courts of record.

It is to be remarked, however, that the same provisions, ■substantially, which existed on this…