§ 29-7-117. Conclusiveness of Judgment
The judgment in the garnishment suit, condemning the property or debt in the hands of the garnishee to the satisfaction of the plaintiff’s demand, is conclusive as between the garnishee and defendant. Code 1858, § 3493; Shan., § 5253; Code 1932, § 9444; T.C.A. (orig. ed.), § 23-717.
§ 29-7-118. Stay of General Sessions Judge’s Judgment
The garnishee against whom a judgment for money is rendered by a judge of the court of general sessions, is entitled to the stay of execution allowed by law on general sessions judge judgments. Code 1858, § 3494 (deriv. Acts 1851-1852, ch. 177, § 1); Shan., § 5254; Code 1932, § 9445; impl. am. Acts […]
§ 29-7-119. Appeal
An appeal lies in all garnishment cases, at the instance of the plaintiff, the defendant, or the garnishee. Code 1858, § 3492; Shan., § 5252; Code 1932, § 9443; T.C.A. (orig. ed.), § 23-719.
§ 29-7-113. Execution on Maturity of Debt
If the debt of the garnishee to the defendant is not due, execution will be suspended until its maturity. Code 1858, § 3485 (deriv. Acts 1835-1836, ch. 43, § 7); Shan., § 5245; Code 1932, § 9436; T.C.A. (orig. ed.), § 23-713.
§ 29-7-114. Default by Garnishee — Conditional Judgment
If, when duly summoned, the garnishee fail to appear and answer the garnishment, the garnishee shall be presumed to be indebted to the defendant to the full amount of the plaintiff’s demand, and a conditional judgment shall be entered up against the garnishee accordingly. Code 1858, § 3486 (deriv. Acts 1794, ch. 1, § 22); […]
§ 29-7-115. Notice of Conditional Judgment
Upon this conditional judgment, a scire facias shall issue to the garnishee, returnable to the next term of the court, or to a day and place fixed before a general sessions judge, to show cause why final judgment should not be entered against the garnishee. Code 1858, § 3487 (deriv. Acts 1794, ch. 1, § […]
§ 29-7-116. Final Judgment
Upon the return of this scire facias duly served, or two (2) returns of “not to be found in my county,” the conditional judgment shall be made final, and execution issued accordingly. Code 1858, § 3488 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5248; Code 1932, § 9439; T.C.A. (orig. ed.), § 23-716. […]
§ 29-7-107. Examination of Garnishee
The garnishee shall be examined as prescribed in § 26-2-204. Code 1858, § 3482; Shan., § 5242; Code 1932, § 9433; T.C.A. (orig. ed.), § 23-707; modified. Law Reviews. Commencing an Action by Garnishment, 23 Tenn. L. Rev. 211. Collateral References. 6 Am. Jur. 2d Attachment and Garnishment §§ 346-353, 360. 38 C.J.S. Garnishment §§ […]
§ 29-7-108. Compensation of Garnishee
The garnishee is allowed the compensation and privileges of a witness, for the garnishee’s attendance and answer, and all costs to be paid by the plaintiff. Code 1858, § 3490 (deriv. Acts 1826, ch. 17, § 1); Shan., § 5250; Code 1932, § 9441; T.C.A. (orig. ed.), § 23-708; modified.
§ 29-7-109. Motion to Garnish Other Debtors
If, upon the examination of any garnishee, it appears that there is any of the defendant’s estate in the hands or under the control of any person not summoned, the court shall, upon the motion of the plaintiff, grant attachment, to be levied on the estate in the hands or under the control of such […]