197 F. 633 | M.D. Tenn. | 1912
It appears that execution was issued under the judgment in this cause on May 27, 1912, three days before the temporary stay order of May 30, 1912. I am of opinion that the execution should neither be recalled nor further proceedings thereunder stayed, for the following reasons:
In Mack v. Winslow, sup., the Circuit Court of Appeals, for this circuit held that where, nine days before a judgment had been rendered in a Circuit Court of the United States in Kentucky, an attachment suit had been brought against the judgment creditor in the State court of Ohio and garnishment notice served upon the judgment debtor, the jurisdiction of the Federal Court in Kentucky having attached prior to the institution of the suit in Ohio, “thereby the defendant was first bound to fully answer the orders and judgments of that (the Federal) court, and, having done so, is protected thereby.”
In Franklin v. Ward, sup., Story, Circuit Justice, held that a judgment debtor in the United States Court in Rhode Island was not liable to be attached as a garnishee in a suit in a state court under the foreign attachment act of Rhode Island, upon principles “founded in law and general justice.”
In Thomas v. Wooldridge, sup., in which Bradley, Circuit Justice, held that a judgment rendered in the circuit court of the United States could not be attached by process issued out of the' state court against the plaintiff in the judgment, he said:
“And there are peculiar reasons why the judgments of slate and federal courts should not be subject to attachments issued by each other, in the desire which each should have to avoid conflicts of jurisdiction. A court has not done with a case when judgment has been rendered. Many.things have often to be done besides issuing executions, many adjustments of rights have to be made, which require that the' court should keep the su*636 pervision and control of its own Judgment in its own hands. Any interference by other courts with this control, or with the prerogatives of executing its judgments and decrees in its own way, is calculated to excite jealousies between the courts concerned. We think the rule is a good one, and that it ought to be sustained. It is not without sanction in the decisions of the United States courts. Besides that of Justice Story, in Franklin v. Ward, Fed. Case No. 5,055, which is referred to in the brief of counsel the case of Wallace v. McConnell, 13 Pet. 136, 10 L. Ed. 95, is very much to the point. There a debt was attached in a State court after suit had been brought upon it in the United States court, and the attachment was set up by way of a plea, puis darrein continuance. This plea was demurred to and overruled, and the Supreme Court, on error, .affirmed the judgment. The court held that to sustain such an attachment would produce a collision in the jurisdiction of the courts that would extremely embarrass the administration of justice; but that if the attachment had issued before commencement of suit in the federal court, it might have been pleaded in abatement, if still pending, or in bar, if judgment had been rendered thereon. This case virtually decides the one before us, and precludes further discussion.”
In Henry v. Mining Co., sup., McCrary, Circuit Judge, said:
“The only question which I deem it necessary to consider is whether a debtor by judgment in a federal court can be subjected to garnishment at the suit of a creditor who proceeds against him in a state court. Whatever the rule may be with respect to the garnishment of a judgment debtor in the same court in which the judgment was rendered, I am of opinion that it would lead to great inconvenience and to serious conflict- of jurisdiction to hold' that a judgment in one court may be attached by garnishment in another, especially where the two courts are of different jurisdiction, as in the case before us, and the decided weight of authority sustains this view. Drake, Attachm. s. 625; Young v. Young, 2 Hill (S. C.) 426; Burrill v. Letson, 2 Speers (S. C.) 378; Wallace v. McConnell, 13 Pet 136, 10 L. Ed. 95; Wood v. Lake, 13 Wis. 94; Thomas v. Wooldridge, 2 Woods, 667, Fed. Cas. No. 13,918 (opinion by Mr. Justice Bradley); Franklin v. Ward, 3 (Mason, 136, Fed. Cas. No. 5,055; Freeman, Ex’rs, s. 166. Upon these authorities, as well as upon what I conceive to be much better reason, I am constrained to hold that judgment in this court cannot be attached in a proceeding in a state court, and this ruling is conclusive of the motion to stay execution, which without considering the other questions raised, must be overruled.”
I therefore hold, both upon authority and as ‘ a matter of sound reason and public policy, that the judgment in favor of the plaintiff in this court cannot be attached by the garnishment proceedings against the judgment creditor in the state court.
4. An order will accordingly be entered overruling the motion for stay of execution at the cost of the moving defendants and discharging the temporary stay order.