Legal Opinion

Jones v. Williams

Tennessee Supreme Court

Decided September 15, 1852PublishedCited by 7 opinions

As stated in the opinion, a judgment in this case was rendered against the defendant in the circuit court, from which he appealed in error.

1Opinion of the CourtTotteN, J.

*106This case came into the circuit court on petition for certiorari. The injury complained of is, that the property of the debtor exempt by the poor laws from execution, has been levied and taken at the instance of the ■creditor. The petition prays that this illegal levy be quashed.

We see no objection to this mode of redress for the injury complained of. It is an abuse of process to levy it on property of the debtor, exempted by law from execution, in like manner as it is an abuse to levy it after the debt has been satisfied. The justice who issued the execution has no power to correct this…

2Cited by7 opinions

  1. Storey v. Bradford Furniture Co., Inc.Tennessee Supreme Court · 1995
  2. Travelers Indemnity Co. v. CallisTennessee Supreme Court · 1972
  3. Collie Lawless v. John Newton, Jr.Court of Appeals for the Sixth Circuit · 2014
  4. Keen v. AlexanderTennessee Supreme Court · 1953
  5. Lenore Berry Ross Storey, Debtor v. Bradford Furniture Company, Inc.Tennessee Supreme Court · 2000

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