Erkman v. Carnes
Tennessee Supreme Court
FROM SHELBY. Appeal in error from Circuit Court of Shelby County. J. S. Galloway, J.
1Opinion of the CourtWilkes, J.
The only question presented by the record is whether an officer is liable, on motion or *137in a summary proceeding, where he fails to execute and make due return of an attachment writ issued by a Justice of the Peace. Summary proceedings, being in derogation of the common law, only exist when authorized by statute, and such statutes muse be strictly construed. Powell v. Fowlkes, 5 Bax., 649; Williamson v. Burge, 7 Heis., 119; Voorheis v. Dickens, 1 Sneed, 348; Wingfield v. Crosby, 5 Cold., 241. There is no statute giving authority for a summary proceeding in a case like the present, and the…
2Cases cited1 opinion
- Grant v. BoydCourt of Appeals of Kentucky · 1805
3Cited by23 opinions
- Arrowood v. McMinn CountyTennessee Supreme Court · 1938
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Boro v. HidellTennessee Supreme Court · 1909
- Brecht v. Bur-Ne Co.Supreme Court of Florida · 1926
- Williams v. Metropolitan Street-railway Co.Supreme Court of Kansas · 1903
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