Show 1 COURTS ARE ilE WET POWER JUSTICE COURTS HAVE BEEN ACTING WITHOUT AUTHORITY They Are Not Allowed to Enter Judg Judgments Judgment Judgments ments ment on Writs of Garnishment Important Decision According to 10 a recent decision by hy Judges Lewis and Armstrong In iii tho UH Third district court the Iho Justice of tho ponce peace courts of the state of Utah have been violating the state laws and over overstepping overstepping stepping their Jurisdiction by causing judgments ju to lo be entered upon which levies lovles wore made and money paid on writs of garnishment Now pending In the court of Justice of o the Peace Stanley Stanl A Hanks Is a case which will no doubt bring to light the tho Illegal actions on the part of or ortho tho the Justices and which will undoubted undoubtedly ly 1 cause CRUSe the present legislature to en enact enact act a law fully ully covering tho the matter In fact there Is IB a bill now before tho the senate dealing d alln with the matter maller Some time limo ago A Madison Madleon Sons company of ol Murray brought an anac ac action action tion lion against Mrs Eliza Thomas of o Murray hurray In the justice court of that place to recover Judgment was entered In hl favor of oC the plaintiff for the sum asked The plaintiffs then served an nn execution ex and writ of gar garnishment ent on the Zion Savings Bank and Trust company of this city The bank answered the writ of garnish garnishment garnishment ment that It held on deposit In tho the name of Mrs Eliza Ellza Thomas Judgment was then entered against the bank or garnishee for Cor the tho amount stated In the answer to the tho writ of garnishment An execution was then Issued by bytho b bythe the tho Murray court and given to the sheriff sherif who served It on the bank and the money mono was wag turned over to the sheriff sherif to be given glen to the plaintiff In Inthe Intile inthe the tile case A Madison Sons company compan After Atter this procedure Mrs rs Thomas employed attorneys and flied filed In Jus Justice Justice tice lice Hanks flanks court a suit against tho Zions Savings and Trust company com pan alleging that It had no right to turn turnover turnover turnover over the tho money moner left In Its trust tru l on a writ of garnishment Issued from a jus justice justice tice lice court according to the tho laws of the tho state which read that no court other than a court of record has hag Juris Jurisdiction jurisdiction jurisdiction diction to caused to be levied nor Jur Jurisdiction jurIsdiction jurisdiction to enter judgment as was done In this case Judge Lewis recently held that gar garnishment upon an execution cannot issue out of a judgment In a 1 Justice of or ortho the tho peace In a 41 Justice court garnishment can only Issue upon an attachment before judgment he ho held This law is 13 plainly set forth in sec sections see lions and of the tho Revised Statutes According to the law Jaw as stated staled In those two sections only a court of rec record record record ord may ma Issue n a a Writ of garnishment on an executions execution Justice J courts or orthe orthe orthe the city court are not ol courts of or rec record rec record ord thus It Il Is only the higher courts that have such Jurisdiction According to the tho law any corporation corpora corporation corporation tion or business firm firm which pays out money monc on the order of a Justice court I may ma be held helel answerable by the part parties parties I ies les affected For a number of years rears Justice courts have hae been causing collections on writs of garnishment based on exe executions e executions c and It Is only within a few Cew weeks that this procedure has been shown to be he contrary to law The discovery that Justices of tho the peace have JHIO been exceeding their jur jurisdiction ur has caused considerable comment commont among attorneys and will come como as a surprise to many man concerns which have paid money moncy on garnish garnishments garnishments ments Issued by br Justice courts as they hae done dono so without legal right and andal al nl the risk rl k of being sued for tor tho the amount by tho parties whom the gar garnishments garI might affect I |