15 Tenn. 42 | Tenn. | 1834
delivered the opinion of the court.
1 Can a debt, secured by a negotiable paper, be attached in the hands of a garnishee? This depends upon the answer of the garnishee, which in this state is conclusive of his liability. If he answer that he executed the negotiable note, or bill single, but does not know where it is, or who holds it, he does not state that he is indebted to the debtor of the attaching creditor, and no judg
2. Williams’ executors had a judgment against Ho:gan, -as had Mills; Huff owed Hogan, who had sued Huff for the debt in the Claiborne county court, where .the judgments -of Williams and Smith had been obtained. From the return term, of the suit of Hogan ■against Huff, the execution of Williams and Mills issued .against Hogan. No property being found, Huff was summoned as a garnishee, and judgment had against him. He insists that pending the suit, he could not be rendered liable to what in effect was another suit for the same claim. Cro. Eliz. 63, 691, 157, case 232, and Sergeant on Attachments, 69, are relied on to sustain the defence. The early British cases seem to be grounded rather on a jealousy of jurisdiction entertained by the court of king’s bench and common pleas, of the corporation court of the city of London, than on any rule worthy of recognition by our .courts, where no conflict of jurisdiction between inferior ,and superior courts can fur
Judgment reversed.
Hightower
vs.
Smith.
• Opinion .of the court:
We have examined'With solicitude to see if there was any way of excepting out of the general law relating to garnishments, those, where .the indebtedness arose upon negotiable paper. We are aware of the •hardships that have arisen and that may arise, under a determination that reaches by garnishment such as have given and have outstanding negotiable paper. But there is no way to escape from it. The acts make no exception, and "we can .make none. The remedy for the evil is with the legislature.