Legal Opinion
Maxwell v. Hixson
District Court, E.D. Tennessee
Decided October 24, 1974No. Civ. A. 6762PublishedCited by 2 opinions
1Opinion of the Court
WILSON, Chief District Judge.
This is an action seeking to have the Tennessee Judicial Attachment and Garnishment Statutes, TCA § 23-607 1 and § 23-701, 2 declared unconstitutional as being contrary to the due process requirement of the Fourteenth Amendment. Since the statutes are of statewide application, a three-judge court was convened pursuant to 28 U.S.C. § 2281 et seq.
The plaintiffs contend that at the time this lawsuit was initiated they were each subject to lawsuits in the General Sessions Court of Hamilton County, Tennessee, wherein judicial attachments and garnishments had issued…
2Cases cited13 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- Ownbey v. MorganSupreme Court of the United States · 1921
- Carlisle v. CowanTennessee Supreme Court · 1886
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3Cited by2 opinions
- Hurd v. WoolforkCourt of Appeals of Tennessee · 1997
- Aaron Ferer & Sons Co. v. BermanDistrict Court, D. Nebraska · 1977