National Republican. (Washington City (D.C.)) 1872-1888, 1879-11-08
JURISDICTION or JUSTICE.
The Views of Judge Bundy-LcgaI Opinions
at Variance.

at Variance.
. Judge Bundy being nterrugated as TO the ripht
OF justices of The peace to issue attachments upon
Judgments, expresses himself as follows
Whatever may be the final determination OF the
court as to the authority conferred by the act of
the legislative assembly upon justices of the peace
to issue wrts of attachments aud rcplevin tile de.
cisiun Of that question need not be, and probably
would not be- decisive of the question whether or
not Justices OF The peace can issue whatGre known
to our practice as attachments upon judgments"
An attachment" or as it is most commonly called
foreign attachment Is a well understood pro-
cceding in law Whereby creditor by anticipation
before final Judgment seeks TO secure sufficient
property Of his debtor to answer his judgment
when obtained II il in the nature of an auxiliary
suit 10 the principal suit against the debtor Uu-
doubleday the whole authority that justices of the
peace In this District may have TO issue foreign
act Of the legislative assembly Of August 49,
ISL. But very distinct from the nature
of foIolgn attachments is the process known and
heretofore issued by Justices Of the peace under
the name of attachments upon Judgments"
Foreign attachments are in the nature Of reissue
process; attachments upon judgments are in the
The former is an auxiliary to the suit before the
judgment the latter is means TO gather the fruits
of the Judgment 1t was with no little surprise 10
many members Of the bar as well as. business men
VINO had become famiarlzed by use ~ this writ
of attachment upon Judgment to hear that one
Of the judges Of our cour. had IN recent case, eN-
prcssy denied the right Of justices Of the peace
issue II. And In view Of the fact that in numur-
Gus and repeated decisions all the old Judges have
held the reverse OF this and upheld the right of
justices of the peace To issue attachments upon
judgments 1t is likely that in 4 temporary Nbev
ration OF mind the honorable justice may have lost
sight of this settled practice.
A reference to the successive acts Of Congress
affecting the powers and duties Of justices OF the
peacc within the District Will, ! think, make this
Subject plain and leave 10 doubt OF the Jurisdic-
tIon OF justices OF the peace 10 issue what are
known as attachments upon judgments although
| think that missioner aud that the Term attach
meut execution" would DO preferable
To understand the case We must 80 back 10 the
act Of Congress Of May j, lSO2 the llh section oil
In" That no cGpas ad salts lciendum shall issue on
any Judgment rendered by Il single magistrate OF
i'm any case where the Judgment exclusive OF costs
cution shall be only on the goods aud ChGttels OF
the debtor, and shall issue by order OF the justice
who may have taken cOgnizlnce Of the action from
the clerks Office aud shall be reurnable thereto
From this time down to 1923, By virtue ofthe lorego.
ing and subsequent acts justices OF the peace did
not issue executions directly but by All order to the
clerk of the court who issued the execution 10 the
constable. Such executions, however, only went
against the goods and chattels' Of the d,blor by
By the 10Th section Of tie oct Of June "a 1872 an
hnportau, change was made IN the form ana effect
OF an execution by the words following:
That upon aHyd issuing out OF the Office Of the
clerk Of tnc county Of Washington upon the iudg.
ment Of a magistrate. the plaintiff uDon such ma
shall be entitled 10 have his execution against the
goods and Chattels landsand tCnemCuts, rights aud
/ credits of the defendant"
! From that day 10 The present the credits of the
Judgment debtor have been liable to seizure upon
/ execution TO sntiiy the creditors judgment
In 1929 by The at of March Isl OF tat year, Con-
tss enacted That justices are authorized 10 issue
execution or Gc1 Idcus, ~ tie saline manner as exc
BUTTONS are nov issued by the clerk of the Circuit
court Of the District Of Columbia which shall be
! returned within twenty days after being issued u
/ the Justice who gave the Judgment" and so IL has
| continued TO- Tie present. time, and 50 the Law
! now U.s.
/ If there could be any doubt as 10 the meaning
and effect OF the statutes Il would seem u DO dis
| PEELED by the decision Of Chief Justice Cranch IN
| MHyuodier v, Dun Or. G. g. TO- THAT whatever
execution the clerk could issue prior ~ the act Of
| 1873, The justice Of the peace may now issue"
! All ingenious Obector 10 the exercise Of thi'
authority by justices Of the peace might say thai
| Congress while II says "thc plAintnmay have exc
| eution against the rights and credits Of the de
( lpudaut" does not provide any suitable means OF
Internationally 10 subject them TO the satisfaction
IftheIe were any force in this objection which
do NOT admit then surely, under The authority o
section 90 Of the Revised saI'IIes Of The Dsncl o.