Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1878-12-18
oU1GLEYs oUINE.
How a Constable Is Decrssd an Attach
meHt to a Magistrates cOurt---
Some Of the Features Of
the Injunction.

A few days ago Constable VIM. Quinn,
OF the Fifth civil district, fled a petition
asking an injunction to restrain Recorder
Quigleyfrom givinga any process to Deputy
Sheriff NJ. T. Garvin, but all process from
said recorder be intrusted to the hands of
the petitioner Chancellor Mcdowell
has modified the injunction so as to read
instead Of ito VIM. Quinn alone to any
regular constable residing in the city, who
may be ready, willing and able to execute
came" By such a decision Constable w.
II. Bland, of the Fifth civil district, who
was elected at the same time Mr.. Quinn
was elected, is also enjoined from re-
ceiving any process from Justice Quig-
ley's court. Mr.. Bland lives in the
Fifth civil district, but unfortunately
for him he resides not in the city of Mem
phis Fbut about one hundred yards beyond
the corporation line. The Fifth district,
however, extends a tleasttwo miles beyond
the east boundary. Mr., Garvin can serve
a process as deputy sheriff in any court in
Shelby county, even in that Of tho chan
%cellor, but he cannot exercise such official
duty in Mr.. Quigley's tribunal. Tho sher-
ifhimself cannot do this, and Quigley is
placed in an awkward predicament.
Should any resident of Memphis desire to
bring suit against a party residing, for in
stance, in the First district, he would only
give such process to Mr.. Quinn, or other
regular constable residing in the city Of
Memphis. tits customary to send such
process to the officer residsng in the dis
triet or to the sheriff of the county. 1t i'm
poses a hardship on Quigley, for although
the sheriff may be in his office, according
to the chancellor's ruling he could not give
him a writ to serve, nc matter how urgent
it might be, even should the constable be
absent. In case of a warrant charging MUIR
der, Constable Quinn, Of. other constable
residing in the city of Memphis, would
have to take the process. If necessary to
raise a posse comitatus the constable
would have to do it, and then induce the
sheriff and his deputies to volunteer their
services in hunting for the fugitive. We
do not question the logic Of the law in the
chancellor's decree, but the ruling, while
working some hardship, may have a ten
dency to stop the generous habit of EN-.
ploying deputy constables by magistrates
Another feature, which appears absurd
to common sense, however well founded
in law, is that, by the terms Of the modified
injunction, it is in the power Of the con.
stables residing in the city Of Memphis tc
deprive poor Quigley Of an officer to exc
cute the processes Of his court by merely
transferring their residence to a point be-
yond the city limits. But this is not al
in the way of eccentricity in this judicia
performance. Quiglsy is required to Civ,
the process TO Quinn, whatever may b,
his opinion as to the competency Of thi
officer, if he does not find on hand som,
other constable, residing in the city o
=. Memphis" whom he may deem compe
tent for the duty. In other words, he
D authorized to taboo every other constabl
. except Quinn for incompetency, for Mr.
: Quinn, though presumed, is not require,
e by the decree to be competent" More
over, it matters not what may be the ext
gencies of the occasion, Quigley canno
give a process to a deputy sheriff. "Alas
poor Yorick." We are utterly incompe
tent to judge of the legal merits of thi
. question, and have long since learned no
to be impatient or hypercritical under ju
: dicial decisions. In our slight contac
S with the profession, however, we hav
: found nothing but a bread grin over thi
fiat. However, we do not doubt but whs
I. Chancellor Mcdowell has been guided b
t sound principles of law, which should
therefore, be changed by the next Legii
+ lature.