
    BARRETT v. THOMAS.
    (S. C., Thomp. Cas., 67-68.)
    Knoxville,
    September Term, 1850.
    1. GARNISHMENT. Property other than money dues.
    Where the g-arnishee has in Ms hands property or effects other than money dues belonging- to a debtor, a personal money judgment against the g-arnishee for the value of the property is void. The judgment should order the property to be delivered up for sale. [See Code, sec. 4820, note, and sec. 4822.]
    2. CERTIORARI. To quash void judgment, ground for.
    Where the judgment of a justice of the peace is void, and not merely erroneous, a petition for certiorari need not show * sufficient cause for not appealing-. [See notes under sec. 4704 of the Code. Void judgments, Meigs’ Dig., sec. 1755. A void judgment is no judgment; it is no protection; all persons acting- under it are trespassers. Sherrell v. Goodrum, 3 Hum., 431; Finley v. Gaut, 8 Bax., 150. A void order or judgment is of no effect or consequence, and nothing- can be predicated of it. No action is required to revoke it; it is null in itself. Andrews v. State, 2 Sneed, 552, 553; Holmes v. Eason, 8 Lea, 760. Execution issued upon a void judgment may be superseded and quashed. Mabry v. State, 9 Yer., 208. An appeal or writ of error lies from a void judgment, and it will be reversed by supreme court. Trousdale v. Donnell, 4 Hum., 273; Albright v. Rader, 13 Lea, 577; Dozier, ex parte, 4 Bax., 81. An appeal in error will lie from a void judgment. Martin, ex parte, 5 Yer., 458. The court rendering- a void judgment cannot set it aside at the next term, but it being a nullity no such action is needed. Andrews v. State, 2 Sneed, 552. But see Hopkins v. Godbehire, 2 Yer., 242. The collection of a void judgment -will be enjoined. Coles v. Anderson, 8 Ilum., 489; Ridgeway v. Bank, 11 Hum., 523; Smith v. Aranbibber, 1 Swan, 110; Bell v. Williams, 1 Head, 229; Kinzer v. Helm, 7 Heis., 676; Wooten v. Daniel 16 Lea, 158. But a judgment which is not void upon its face cannot be attacked collaterally. Hall v. Heffly, 6 Hum., 444; Thacker v. Chambers, 5 Hum., 313; Britain v. Cowen, 5 Hum., 319; Witt v. Russey, 10 Iium., 208; Greenlaw v. Kernahan, 4 Sneed, 371; Stanley v. Sharp, 1 Heis., 419; Andrews v. Andrews, 7 I-Ieis., 246; Kindell v. Titus, 9 Heis., 738; Morris v. Creed, 11 Heis., 167. Validity of jirdgments rendered during the civil war between the States. Parks v. Jones, 2 Cold., 172; Rodgers v. Dibrell, 6 Lea, 76. The judgments and decrees of the courts established by the military authorities of the United States within the Confederate lines during the late civil war were void. Walt v. Thomasson, 10 Heis., 351, overruling Hefferman v. Porter, 6 Cold., 391.]
    A garnishee answered before a justice of the peace that he had three hundred pounds of porlc in his hands belonging to tbe defendant,;, whereupon the justice rendered judgment against the defendant for the value of the pork. The garnishee did not appeal from this judgment within the time prescribed by law; but brought the case into the circuit cornt by certiorari, where the judgment of the justice was quashed.
   McKinney, J.:

The petition for certiorari does not show a sufficient cause for not appealing; but tbis is not a case where that is material, as the judgment of the justice of the peace is void, and not merely erroneous. The justice had no- power to render a judgment for money. It should have ordered the pork to be delivered up- for sale. Tbe writ of garnishment as used in Tennessee was unknown to the common law. The circuit judge properly quashed tbe judgment.

Judgment affirmed.  