text:
to possession of the property.
note states the interest rate, repayment schedule, and other terms.
by both parties, amongst other things.
for a borrower to achieve.
borrower to pay off the full loan early, without penalty.
There are a variety of different types of ways to pay your mortgage.
for the term of the loan, such as for 30 years.
at the end of the term – known as a balloon payment.
interest rate falls, the borrower’s payments are less.
and the promissory note will likely be attached to the Complaint.
of the amounts owed to the lender under what is called Discovery.
be used in its defense of the case.
deficiency judgment. This is known as a deed in lieu of foreclosure.
known as a deed for lease.
Although cats and dogs may seem like”man’s best friend” and harmless, these animals do sometimes attack people. It is very important from a legal standpoint to keep your pet under control and from attacking another person. Animal attacks can lead to physical and mental injuries to the person attacked.
Another common problem associated with animal bites is infection. These bites often occur to the hands, arms and legs where there are many blood vessels near the skin. These bites into the blood vessels can spread bacteria from the animal’s mouth into your bloodstream causing infection and/or making you very sick.
One potentially and common dangerous infection is rabies, which can be deadly to the human victim if allowed to spread. It is also important that pet owners properly vaccinate their pets against rabies so that they cannot spread it to humans, even if the pet did bite.
Florida Follow a concept of “strict liability for dog bites, meaning that the owner is strictly liable for any bites caused by their pet.
The “Bad Dog” Exception to Liability Under Fla. Stat.
The Florida dog bite statute, 767.04, has an exception that states that there is no liability under the statute if the dog bite victim is 6 years of age or older, the bite occurred on the dog owner’s premises, and those premises contain a conspicuously posted sign stating the phrase “Bad Dog.” The exception applies if the sign says “Beware of Dog.” Romfh v. Berman, 56 So.2d 127 (Fla. 1951). The sign must be in a prominent place and easily readable, so as to give actual notice of the risk of bite to the victim. Carroll v. Moxley, 241 So.2d 681 (Fla. 1970). If the victim is too young to read the sign, then the exception does not apply. Flick v. Malino, 356 So.2d 904 (Fla. Court of Appeal, 1978).
Two issues often come about when a child is the victim of a dog bite.
First is the issue of comparative negligence, when the child’s acts/conduct provoked the dog, thus the child being a cause of the accident and reducing the recovery. Florida has found that a child under 6 years old is presumed to be incapable of committing such negligence. Swindell v. Hellkamp, 242 So.2d 708 (Fla. 1970). When the child is 6 years or older, the jury decides whether the child was capable of appreciating the danger and being able to avoid the danger. Turner v. Seegar, 151 Fla. 643, 10 So.2d 320 (1942).
The second issue is whether the injured child’s recovery should be reduced by a parent failing to adequately supervise the child, thus making the parent a cause of the accident. The jury is entitled to apportion fault to the parent, even where the parent is not named as a defendant in the lawsuit. Y.H. Investments, Inc., v. Godales, 690 So.2d 1273 (Fla. 1997).
A landlord has a duty to protect its tenants when landlord has knowledge of a vicious dog on the premises. The Florida 4th DCA stated: A landlord who recognizes and assumes the duty to protect co-tenants from dangerous propensities of a tenant’s pet is required to undertake reasonable precautions to protect co-tenants from reasonably foreseeable injury occasioned thereby.” White v. Whitworth, 509 So. 2d 378, 380 (Fla. 4th DCA 1987); see also Vasquez v. Lopez, 509 So. 2d 1241 (Fla. 4th DCA 1987) (holding that landlord may be liable for tenant’s dog if landlord knows dog is vicious and has sufficient control of premises to protect plaintiff).
When a lease agreement specifically prohibits particular breeds of dogs, the landlord can be liable if these rules are not enforces knowing one of these breed are on the premises. In Ramirez v. M.L. Management Co., Inc., 920 So.2d 36 (Fla. 4th DCA 2005), the landlord was aware that a tenant’s pit bulls had threatened other persons on the premises, but the landlord did nothing to remedy the situation. When the dogs attacked a child on a neighboring property, the landlord was held liable.
There might not be liability where the dog bite victim is a trespasser or exceeded their invitation to be on the property. In Anderson v. Walthal, 468 So. 2d 291 (Fla. 1st DCA 1985), a woman went to a personal residence for a business purpose and when she went around the back of the house a dog bit her. The landlord aruged that the woman had exceeded her invitation by wandering into the backyard where the dog was. The court claimed that the woman had exceeded her “invitation” by wandering into an area behind the home where the dog was located.
Negligence is another ground for liability in Florida, which is the lack of ordinary care. Negligence, one of the common law remedies, are an alternative to the dog bite statute in Florida. Stickney v. Belcher Yacht, Inc., 424 So. 2d 962 (Fla. Court of Appeal, 1983).
A slip and fall personal injury matter in Florida occurs when one is injured by falling due to some condition in a property that the one in control of the property had a duty to make and keep safe. Slip and fall injuries occur from the proverbial slip on a banana peel, to falling down on unreasonably dangerous stairs.
In general, to prove a personal injury slip and fall matter in Florida it is necessary to show that 1) the defendant was the owner and was in possession of the property where the fall occurred, 2) the property was used as, for example a supermarket, 3) the plaintiff entered onto the property for a legal purpose, which then created a duty on behalf of the property owner to make the property safe, 4) there was a dangerous condition on the property that the defendant either knew about, such as a crack in the floor, or should have known about due to the passing of time, such as a water spill, and 5) due to the dangerous condition, the plaintiff fell and was injured.
All owners of properties owe a duty to their invitees to use reasonable care to keep their premises in safe condition. Everett v. Restaurant & Catering Corp., 738 So.2d 1015, 1016 (Fla. 2d DCA 1999). Despite this, the general rule is that when there is slippery substance on the floor, such as a water spill, the injured plaintiff will need to be able to prove that the owner of the property knew about the water spill and failed to clean it up, or alternatively, that due to the passage of time, the owner should have know of the water spill. Premises like supermarkets have a duty to monitor their stores and set cleaning and maintenance schedules to look for things such as water spills. Further, in the instance of a water spill, the premises owner might still be liable even if they put up a sign that said “Danger, wet floor”, if a reasonably prudent supermarket owner would have cleaned up the spill immediately.
To prove that the owner knew of the water spill, circumstantial evidence will need to be proved by the plaintiff showing that 1) the dangerous condition was present for such a length of time that a premises owner in the exercise of reasonably prudent care would have known about the condition, or 2) this type of dangerous condition, such as a water spill, occurred with such regularity that it was reasonably foreseeable that such a condition would be present and that the owner should have taken action to prevent it. With respect to the second condition, in the example of a supermarket, spills are bound to happen and products, such as fruit, are bound to fall on the ground, creating dangerous conditions. It is the duty of the supermarket operator to maintain the premises and clean them with sufficient regularity to protect the public.
According to Charles W. Ehrhardt, Florida Evidence Section 301.1 (2000 ed.), premises liability cases involving transitory foreign substances are the right type of case where the burden of proof should shift to the store owner to prove that it used reasonable care in maintaining its premises, thus eliminating the requirement that the plaintiff prove that the store owner had constructive knowledge of the dangerous condition prior to the matter going to trial before jury. This shifting burden is based on fairness and public policy. There is therefore a rebuttable presumption in a slip and fall case that the store did not exercise reasonable care in its maintenance of the premises. See Owens v. Publix Supermarkets, Inc., 802 So.2d 315, 331 (Fla. 2001). See also Florida Statutes Section 768.0710 (2005).
With respect to slip and fall injuries at amusement parks, a particularly relevant issue in the Sunshine State, the Florida Supreme Court created a special rule by imposing a higher duty of care for owners and operators of amusement parks to the public. With amusement park injuries, the parks have a continuous duty to maintain the safety of their patrons and can be liable even without notice or knowledge of the dangerous condition that caused the fall as long as they are considered negligent in their maintenance and supervision of the park.
of the public at the place of business.
independent acts of the employee under a different set of rules.
other which gives the other a right to protection. K.M. ex rel. D.M.
propensity to commit such acts.
the protection of third parties.
failed to take action at this point.
chain when the product left their control.
3) the defect was the cause of the user’s injuries.
c) or an inadequate warning on a product.
Mfg. Co., 816 So.2d 1133, 1139 (Fla. 4th DCA 2002).
no cause of action for negligent distribution of a non-defective gun.
in the handling of the product.
damages could be available to the plaintiff.
place the funds in his or her escrow account.
followed in the event of a dispute.
to those funds, the broker could be held liable under the law.
or both parties, buyer and seller, demand the real estate deposit.
the broker has not considered.
against the other to determine the proper disbursement.
money went to the wrong party.
objective way than they might have.
In bringing a legal action in Florida for Personal Injury, four factors must be proven. The first factor is that the defendant owed a legal duty to conform to a certain standard to not harm the plaintiff. The second factor is that the defendant breached that legal duty. The third factor is that the plaintiff was injured due to this breach of duty. The fourth and final factor is that the breach of the duty caused injury to the plaintiff.
Not all persons who cause injury will be liable under a personal injury action. For instance, there are exemptions under the Florida Statutes for persons such as Good Samaritans acting to aid another – See Florida Statute Section 768.13. Further, just because one is injured by the actions of another does not mean that the one causing injury should be liable in tort for the injury. For example, a doctor may make the reasonable decision to perform an operation, after explaining the risks to the patient (informed consent), which in the end could cause injury to the patient, though the operation was deemed to have the potential for the greater good.
In Florida, an injured person can also be partially liable for their own injuries. This is referred to as comparative negligence. The injured person’s monetary recovery against a defendant will be reduced by that percentage that the injured person was responsible for the injury. Further, an injured person may have assumed the risk to themselves in an activity and cannot successfully sue another for the injury. This would be the case in, for example, a sport where the injured was deemed to know the risk of being hit with a baseball but participated anyway. Thus it is deemed reasonably foreseeable that this type of injury would occur and the injured individual assumed this risk.
Employers are often responsible for the injuries caused by their employees under a theory of respondeat superior, or vicarious liability. This is referred to as joint and several liability. Further, businesses can be liable for the injuries caused by their independent contractors when the business was negligent in the hiring of the contractor, negligent in the supervision of the contractor, or negligent in the training of the contractor. The business can also be liable for its contractors on certain types of dangerous jobs that it is deemed to dangerous to allow the contractor to pass off legal responsibility to a third party. This is similar to strict liability which holds that regardless of how much care one takes, the undertaking of the activity will impose liability no matter who is at fault for the injury.
1) Whether the defendant made a statement that he/she thought was true but was actually false.
2) Whether the defendant was negligent in making the statement because he/she should have known that the statement was false.
4) Whether the hearer justifiably relied on the statement.
5) Whether the listener suffered injury as a result of relying on the statement.
The statement made by the defendant must be material or important and not a small portion of a more in depth statement which is essentially true. According to Standard Jury Instructions-Civil Cases (No. 99-2), 777 So.2d 378, 381 (Fla. 2000), a material facts is one that is of such importance that the plaintiff would not have entered into a transaction but for the statement. Comparative negligence can apply to a case of negligent misrepresentation when look at whether the listener justifiably relied on the statement by the defendant.
Fraudulent misrepresentation is where the defendant knows that the statement is false and intends that the plaintiff rely on it to his/her detriment and to the benefit of the defendant. Fraudulent misrepresentation requires less of showing concerning comparative fault where the plaintiff could have through some diligence ascertained that the statement was false, as the law wishes to punish those who use fraud more than those who are merely negligent.
The pleading requirements for a lawsuit for both negligent misrepresentation and fraudulent misrepresentation require pleading with specificity.
1) a false statement concerning a material fact.
2) knowledge by the person making the statement that the statement was false.
3) the intent of the person making the statement that the listener would rely on the statement.
4) the listener relies on the statement to their detriment.
Class Actions cannot be brought under separate contracts on the basis of fraud. Further, one in Pari Delictor, or who engaged in fraud themselves, may be barred from bringing an action. Fraud in the inducement, like the other causes of action above, must be plead with particularity in accordance with Fla.R.Civ.P. 1.120(b), and must list who made the statement, the substance of the false statement, when the statement was made and in what context.
Fraud in the Inducement is the use of deceit or trick to cause someone to do something to their detriment, such as using false statements to induce someone to sign a contract that is to their detriment.
A further related cause of action is Fraud in the factum, where a misrepresentation cause one to enter into a transaction without understanding the risks, duties or obligations incurred. To determine whether a transaction involves fraud in the factum a consideration of all the relevant factors to the transaction is necessary. An example of Fraud in the factum would be if one induced you to sign one type of contract when in fact it was a different type of contract. In this case the contract would be voidable due to the fraud (as opposed to void on its face). Fraud in the factum can be considered an equitable defense to the terms of the contract.
Another type of fraud would be Extrinsic fraud which usually occurs in family and domestic relations cases whereby one uses fraud to prevent one from obtaining information necessary to their ability to prove their case, such as lying on a Florida Family Law Financial Affidavit, or fabricating evidence. Extrinsic fraud also occurs in foreclosure cases where the lender through their fraud forces the homeowner to lose their property.
Intrinsic fraud, on the other hand, is where fraud was used to procure a transaction. The two types of intrinsic fraud are fraud in the inducement and fraud in the factum, as listed above.
A term often used in the context of fraud is Scienter, or knowledge of the wrongdoing. Thus one committing a fraud would have knowledge that what they are doing is fraudulent and have the intent to commit the fraud. For example, under Section 10(b) of the Securities and Exchange Act of 1934, a plaintiff must prove that the defendant acted with scienter, though the Private Securities Litigation Reform Act of 1995 added that the plaintiff must prove a “strong inference” of scienter.
In Florida, Doctors and other medical staff are held to a standard of care as to the services they provide. Failure to meet that standard of care can lead to injury, which can lead the patient to have a medical malpractice lawsuit, or in the case of death, can leave the surviving family with a wrongful death lawsuit for monetary damages and other remedial measures against the doctor or other health care provider.
The standard of care for doctors in Florida is the care that would be used by a reasonably prudent doctor in the same circumstances. Failure to meet this standard can lead to liability for medical malpractice.
In Florida, to prove a medical malpractice case it must be shown that 1) a doctor patient relationship existed, 2) the doctor was negligent (failed to meet the appropriate standard of care), 3) and that this negligence led to injury to the patient.
Proving that a doctor patient relationship existed is not always straightforward. When one is in a hospital it is possible that there are many treating and non-treating doctors, one or all of whom could be potentially liable for injury. Further, there could also be other personal who are more liable for injury, such as an anesthesiologist or nurse. Further, what if a doctor was merely an acquaintance and gave advice outside of the hospital or office context that led to injury. Would a doctor patient relationship have been created?
The next step is proving that the doctor was negligent. In Florida, an expert will be needed to testify as to the standard of care that was reasonably prudent and how this doctor deviated from the standard of care. The expert will most likely be another doctor in the same profession as the potentially negligent doctor. The factors in negligence are that the doctor had a duty to the patient to provide reasonable care, the doctor failed to provide such care, this failure led to injury to the patient, and the patient was thereby damaged.
It then needs to be proven that the negligence of the doctor was actually the cause (proximate cause) of the injury or death. For instance, in a situation where a patient dies of lung cancer, a failure to properly treat the cancer could be considered negligence, but if the patient was going to die that day anyway, it could not be said that the doctor’s negligence actually caused the wrongful death. The negligence must cause the injury.
Damages in a medical malpractice case must then be proved. Damages can include pain and suffering, medical bills, lost wages, disfigurement, and in the case of wrongful death, the family could have their own claims against the doctor, hospital and other medical workers.
Common claims for medical malpractice are failure to diagnose, failure to adequately treat, failure to warn the patient of known risks, or what is also referred to as informed consent.
In Florida, a lawsuit for medical malpractice needs to be commenced relatively quickly and there is a strict statute of limitations on malpractice lawsuits. The statute of limitations in Florida for a medical malpractice claim is two years from when the patient knew of the doctors negligence or when the patient should have know something was wrong. So, for example, in cases where a sponge was left inside a surgery patient, the patient might not learn about the doctor’s negligence until some time after the occurrence. The statute would begin to run once the patient learned that the sponge was inside them. However, in Florida, there is a generally hard rule that a medical malpractice claim cannot in most circumstances be brought after four years from the negligence. However, if the doctor or other health care provider concealed the negligence and prevented the patient from learning of it within the four year period, the statute is increased an additional two years. With children, however, there is a statue of repose whereby the child’s right to bring a medical malpractice claim cannot be cut off before the child’s eighth birthday.
A personal injury lawsuit seeks to compensate one who is injured for damages such as lost job earnings, loss of future earning capacity, past and future medical expenses, pain and suffering and damages for disfigurement.
In a wrongful death action, the family of the deceased can bring an action against the one who caused the death for funeral and burial expenses, loss of financial support to the family, loss of affection and/or consortium, and loss of financial support.
In both cases, the injured needs to prove that the tortfeasor, or the one who caused injury, had a duty to the injured, and that they breached that duty by causing the injury. Resulting damages must also be proved.
Often their can be a number of significant intervening factors which can affect who is ultimately liable for an injury. Therefore, it is necessary to show that the alleged wrongdoer was the proximate or direct cause of the injury. Further, the injured can also be partially at fault for their own injuries and depending on the jurisdiction this can bar the injured from recovering damages, or can seek to reduce the damages in comparison to the percentage of fault.
After an injury or death, it is important to retain a lawyer as soon as possible who can reconstruct the accident scene to determine who was at fault. Police reports are often inaccurate, and experts need to be retained to interview witnesses, conduct tests on vehicles and of the location of the accident, and determine what happened in the accident. Without swift action, important evidence can dissipate.
Once the lawyer has a case and can prove that the alleged wrongdoer was negligent and caused injury or death to his or her client, he can then negotiate a settlement with the insurance companies.
If, however, the insurance companies challenge their clients’ liability, a lawsuit will need to be filed on behalf of the client alleging Duty, Breach of Duty, Causation, and Damages. Mediation between the parties will often be a useful step in attempting to resolve the matter prior to intensive litigation leading to trial. Proving damages will require intensive compilation of earnings and potential future earnings, lost wages, medical bills, both past and future, and the like. Actuarial information may also need to be obtained to determine how long the injured client will potentially live, or how long a deceased client was likely to have lived barring the accident.
Experts, like doctors, will often need to be called to testify in court as to extent of injuries, lifespan, earning capacity, pain and suffering and the like. Insurance companies will hire their own experts who will provide differing opinions on the issues of the case. Depositions and direct testimony of witnesses, including statements elicited by the police, will also need to be compiled and brought out in trial.
Once a trial is concluded the jury will return their verdict as to liability and monetary damages. Either party has the right to appeal the decision of the jury to a higher court if the decision was arrived at due to some procedural or evidentiary defect during the trial, which was preserved for appeal.
The lawyer will assist the client in determining what is in the best interests of the client when deciding on whether to accept settlements or whether to try the case to a jury and through possible appeal to the appellate courts.

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The writ of scire facias was created by the English Parliament in 1285 and it migrated to America as part of our English common law tradition. In modern times scire facias has been mostly abolished in the United States, with a few exceptions mainly in the Old South where the love of tradition combines with a playful fondness for baffling the uninitiated. Anyone served with a writ of scrie facias knows he or she has been hit by something very important even while being hard pressed to know exactly what it is.
Roughly, the Latin ‘scrie facias’ means ‘tell them.’ Generally, the writ of scrie facias means “tell them (or serve notice) to do something, or else.” North of the Mason-Dixon Line a similar court order might be called an Order to Appear and Show Cause why something should or should not be done. Commonly, a party might be ordered to appear and show cause why he or she should not be held in contempt of court.
Some Tennessee courts call their conditional judgments in garnishment a scrie facias, at least in the legal forms published online. The most charming and practical part of the Tennessee use of scrie facias is the fact that the person serving the writ literally reads the notice aloud to the person being served. They tell them right to their face.
(1) Garnishee’s Duty Generally. A writ of garnishment served on a garnishee holding property of the judgment debtor requires the garnishee to answer the writ and make an accounting to the court. Property includes a judgment debtor’s realty, personalty, money, wages, corporate stock, choses in action (whether due or not), and court judgments.
(2) Service of Writ of Garnishment. The sheriff shall serve the garnishee with three copies of the writ of garnishment and one copy of the notice to judgment debtor.
(3) Garnishee’s Duty Upon Service. The garnishee by the next business day after service shall ascertain whether the garnishee holds property of the debtor. If so, the garnishee shall mail one copy of the writ of garnishment with the notice to the last known address of the judgment debtor. Where the garnishee is a financial institution, the balance in the judgment debtor’s accounts on the night of the service date is the amount subject to that garnishment writ.
Within ten days of service, the garnishee shall file a written answer with the court accounting for any property of the judgment debtor held by the garnishee.
Within thirty days of service, the garnishee shall file with the court any money or wages (minus statutory exemptions) otherwise payable to the judgment debtor. If the garnishee holds property other than money or wages, a judgment may be entered for that property and a writ of execution may issue against the garnishee.
(4) Failure of Garnishee to Respond. If the garnishee fails to timely answer or pay money into court, a conditional judgment may be entered against the garnishee and an order served requiring the garnishee to show cause why the judgment should not be made final. If the garnishee does not show sufficient cause within ten days of service of the order, the conditional judgment shall be made final and a writ of execution may issue against the garnishee for the entire judgment owed to the judgment creditor, plus costs.
It is also a good idea to check local court rules. A collection of Tennessee’s Local Rules of Practice can be found on TNCourts.gov, here. Also, looking at official Tennessee court forms can offer insight into how things work.
If you want to know how a Tennessee garnishment really works in actual practice, there is no adequate substitute for an experienced Tennessee lawyer.
New — Ask your questions about garnishment law here.
Section 1 (TC 26-2-201) Definitions.
(1) “Clerk” means a clerk of a court of general sessions, the courts of record or any other courts duly established under the laws of Tennessee.
(2) “Court” means the court of general sessions, the courts of record or any other courts duly established under the law of Tennessee.
(3) “Property, debts, and effects” includes real estate and choses in action, whether due or not, and judgments before a court; also money or stocks in an incorporated company.
Section 2 (TC 26-2-202) Property, debts and effects liable to satisfy judgment.
All property, debts and effects of the defendant in the possession or under the control of the garnishee shall be liable to satisfy the plaintiff’s judgment, from the service of the notice, or from the time they came into the plaintiff’s hands, if acquired subsequent to the service of notice, and before judgment.
Section 3 (TC 26-2-203) Summons of garnishee.
(a) The officer may summon, in writing, any person as garnishee, to appear at the court from which the execution is issued, or before any other court to whom the execution is returnable, as the case may be and answer the garnishment, at a time set by the clerk of the court not less than ten (10) business days after date of issuance, except that such ten-day requirement shall not apply when the execution was issued from a court and either the officer or the clerk of the court shall set the time when such garnishee shall appear.
NOTICE — Although you have a longer time in which to answer the court concerning this garnishment, you must do the following on the same day you receive the garnishment, or on the next working day. Determine if you possess or control money or property of the judgment debtor. If so, within that same time period, you shall furnish a copy of the garnishment summons and Notice to Judgment Debtor by mailing them first class, postage prepaid, to the judgment debtor’s last known address as shown by your records, or by actual delivery to the judgment debtor. If the address shown by your records differs from that shown at the bottom of the Notice to Judgment Debtor, you shall also mail a copy of the garnishment and notice to the latter address.
(c) As used in this section, unless the context otherwise requires, “business day” means any day other than a Saturday, Sunday, legal holiday, or a day when the clerk’s office is closed.
Section 4 (TC 26-2-204) Examination of garnishee Answer.
(4) Such other questions appearing on or attached to the original execution put to the garnishee by the court of the judgment creditor as may tend to elicit the information sought.
(b) The garnishee may appear and make an answer initially either in person or by filing a written answer.
Section 5 (TC 26-2-205) Garnishee’s answer Effect.
The answer of the garnishee is not conclusive.
Section 6 (TC 26-2-206) Execution awarded for property in garnishee’s hands.
If, upon the answer and the examination of the garnishee, it appears that the garnishee has property, debts, or effects in the garnishee’s hands or under the garnishee’s control, liable for the plaintiff’s debt, judgment may be entered, and execution awarded for the property, money, or effects, as the case may be, or so much thereof as will be sufficient to satisfy the plaintiff’s debt and costs and all charges incident to the proceedings.
Section 7 (TC 26-2-207) Notice to other persons holding defendant’s property.
So, also, if the garnishee’s examination shows that any property, debts, or effects of the defendant are probably in the hands of other persons, the court shall, on the application of the plaintiff, issue notice to such persons to come forward and answer as garnishees, and the same proceedings may be had as in other cases.
Section 8 (TC 26-2-208) Delivery of garnisheed property Judgment for nondelivery.
As soon as the property is declared to be the property of the defendant, under the provisions of §§ 26-2-206 and 26-2-207, it shall be delivered up to the officer serving the garnishment, on demand. On failure to deliver such property, and a return made on the execution of that fact, judgment shall be entered immediately against the garnishee, for the debt and costs.
Section 9 (TC 26-2-209) Failure to appear or answer.
The date garnishee’s answer is received by the court clerk shall be noted on the docket book in the proper manner, whether or not the answer discloses any property subject to garnishment. If the garnishee fails to appear or answer, a conditional judgment may be entered against the garnishee for the plaintiff’s debt, upon which a notice shall issue to the garnishee returnable at such time as the court may require, to show cause why judgment final should not be rendered against the garnishee. On failure of the garnishee to appear and show cause, the conditional judgment shall be made final, and execution awarded for the plaintiff’s entire debt and costs.
Section 10 (TC 26-2-210) Levy of execution on land.
If an execution is issued by a court that is not a court of record and a levy is made upon land or an interest in land, then the execution and other papers in connection therewith shall be returned to the circuit court of the county for condemnation as in other cases of the levy of a court’s execution on land.
Section 11 (TC 26-2-211) Execution stayed until choses in action become due.
Execution of the garnishment judgment may be stayed until the choses in action fall due, and the court may order them to be collected, or if necessary, sold, as may be deemed just and proper.
Section 12 (TC 26-2-212) Certificate given to garnishee stating date and amount of judgment.
The garnishee against whom judgment has been rendered is entitled to a certificate from the clerk stating the date and amount of the garnishment judgment, in whose favor and in what case rendered. Such certificate shall have all the force and effect of a receipt against the original debt, and entitle the garnishee to a credit to the amount thereof on the original judgment, or on the execution if already issued, to be entered by the officer.
Section 13 (TC 26-2-213) Lien upon debts due and payable in future.
If upon disclosure made on oath by the debtor it appears that the garnishee is indebted to the defendant, but that the debt is not payable and will not become due until some future time, then such judgment as the plaintiff may recover shall constitute a lien upon the debt until and at the time it becomes due and payable.
Section 14 (TC 26-2-214) Garnishment of compensation due from employer.
(3) Furnish the judgment debtor with a copy of the garnishment summons containing the notice of the judgment debtor’s right to the exemptions from wage garnishment specified in federal law and in §§ 26-2-106 and 26-2-107, of the right to apply to the court for an order staying further garnishment proceedings and allowing the judgment debtor to pay the judgment in installments and of procedures the judgment debtor can follow to contest the garnishment.
(1) To the extent of the amount due upon the judgment and costs, the employer garnishee shall hold, subject to the order of the court, any non-exempt wages due or which subsequently become due. The judgment or balance due thereon is a lien on salaries, wages, or other compensation due at the time of the service of the execution. Such lien shall continue as to subsequent earnings until the total amount due upon the judgment and costs is paid or satisfied, or until the expiration of the employer’s payroll period immediately prior to six (6) calendar months after service of the execution, whichever occurs first. Such lien on subsequent earnings shall terminate sooner if the employment relationship is terminated or if the underlying judgment is vacated or modified.
(2) A lien obtained hereunder shall have priority over any subsequent liens obtained hereunder.
Section 15 (TC 26-2-215) Employer to remit withheld moneys to court.
The employer garnishee shall remit to the court all moneys withheld as provided under § 26-2-214 not less than one (1) time each calendar thirty (30) days.
Section 16 (TC 26-2-216) Installment payments to obtain stay of garnishment Service of garnishment summons.
(1) After any judgment has been rendered in any court and the time to appeal therefrom has elapsed without such an appeal having been made, the judge of the court which rendered the judgment may, either before or after the issuance and service of garnishment, upon written consent of the parties or upon written motion of the judgment debtor, after due notice and after full hearing of such motion, enter an order requiring such judgment debtor to pay to the clerk of the court a certain sum of money weekly, biweekly or monthly to apply upon such judgment. The filing of such motion by the debtor shall stay the issuance, execution or return of any writ of garnishment against wages or salary due the judgment debtor or any other funds belonging to the judgment debtor sought to be substituted to the satisfaction or payment of or upon such judgment during the period that such judgment debtor complies with the order of the court. Such motion of the judgment debtor shall be supported by an affidavit stating the debtor’s inability to pay such debt with funds other than those earned by the debtor as wages or salary, or received from other sources in such amounts as to necessitate or make equitable installment payments, the name and address of the debtor’s employer, or other source of funds and amount of such wages or salary, and the date of payment thereof.
(2) Notwithstanding the provisions of subdivision (a)(1), upon written consent of the parties, the hearing of the judgment debtor’s motion to pay the judgment in installments may be held on the same date that such judgment is entered.
(3) The judgment debtor may file only one (1) motion to establish payments for each judgment; however, if the motion is denied, or the order establishing payments is not complied with, at the court’s discretion for good cause shown, the stay order may be reinstated as provided in § 26-2-217, with the reinstated stay order to affect only pay periods subsequent to the reinstatement.
(4) Notwithstanding the provisions of subdivision (a)(1), the filing of a motion by a judgment debtor who has admitted the debt and is paying the judgment by agreed installment payments shall not stay the issuance, execution or return of any writ of garnishment against wages or salary due the judgment debtor or any satisfaction or payment of or upon such judgment.
(C) The garnishment summons served by the sheriff shall have attached a notice to the employer that the employer is required to withhold the garnishment amount from the employee’s wages, that the employer is required to pay these moneys to the court, and that the employer is liable for failure to withhold from the garnishee’s wages and for failure to pay these moneys to the court.
the employer to find out how much of your wages are protected from garnishment.
You may apply to the court at the clerk’s office shown below within twenty (20) days from any improper withholding of your wages for a motion to stop the garnishment. The court clerk identified below shall provide you with a form for making such a motion, or may have supplied a form motion on the back of this notice. You may wish to seek the counsel of a lawyer. If you are unable to afford an attorney, you may be eligible for free legal services to assist you.
PLEASE NOTE: If you file a motion, the court must hear and decide your motion promptly, and in no event later than fourteen (14) days from filing. The clerk will notify you of the time, date, and place of hearing. The court clerk’s office can provide you with forms and with information about legal services in your area, but the clerk cannot give you legal advice.
You may apply to the court for an order suspending further garnishments by the same creditor upon your paying a certain sum of money weekly, biweekly, or monthly, to pay the judgment. If you file this motion, the garnishment of your wages will stop for as long as you make the payments ordered by the court. The court clerk shall provide you with the necessary forms to make this application, or you may seek the counsel of an attorney. If you are unable to afford an attorney, you may be eligible for free legal services to assist you.
(B) The amount by which the garnishee’s disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage at the time the earnings for any pay period become due and payable, minus two dollars and fifty cents ($2.50) for each of the garnishee’s dependent children under sixteen (16) years of age who resides in the state of Tennessee, whichever is less.
equals the amount to be subtracted from disposable earnings for that pay period. If the judgment orders alimony and the person in whose favor the judgment was rendered has remarried, the above exemption applies. If the judgment orders the debtor to pay support for the debtor’s minor child or children, or alimony and the person in whose favor the alimony judgment was rendered has not remarried, different standards apply under 15 U.S.C. § 1672(b). If the debtor is supporting a spouse or dependent child other than those for whom the order was entered, then fifty percent (50%) of the debtor’s disposable earnings may be garnished. If the debtor is not supporting such additional dependents, a maximum of sixty percent (60%) may be garnished. These figures rise to fifty-five percent (55%) and sixty-five percent (65%), respectively, if the support order is for a period more than twelve (12) weeks before the pay period to be garnished. If the judgment is for state or federal taxes, no disposable earnings are exempt under 15 U.S.C. § 1673(b).
Section 17 (TC 26-2-217) Payments Records Delinquency Notice of balance or of satisfaction.
(a) The clerk shall keep a record in such cause of all payments to and disbursements by the clerk.
(2) The judge in whose court judgment was rendered may, upon proper showing by affidavit of the judgment debtor and after full hearing thereof, reinstate the order and stay of garnishment, or may amend the order so as to alter the terms and the amount of payment, if it shall appear that such default was due to the lack of employment or other justifiable cause beyond the control of the judgment debtor.
(2) The judgment creditor shall notify the court clerk of the balance due upon a judgment whenever the creditor causes the issuance or revival of a garnishment thereon. Furthermore, the judgment creditor shall notify the court clerk when the judgment has been satisfied.
Section 18 (TC 26-2-218) Written agreement for installment payments.
A written agreement for the payment of a judgment in installments, signed by the parties, their attorneys, or authorized agents acting in their behalf, and filed with the clerk of the court, shall have the same force and effect as an order made by the judge to stay the issuance, execution or return of any writ of garnishment against wages or salary due the judgment debtor during the period that such judgment debtor complies with the agreement.
Section 19 (TC 26-2-219) Failure to comply with agreement.
(a) Should the judgment debtor fail to strictly comply with the terms of an agreement as provided by § 26-2-218, the stay of execution by garnishment shall immediately become null and void.
(b) Upon the stay of execution by garnishment becoming void and the issuance and service of garnishment having taken place prior to the proceeding to obtain a stay of garnishment, the lien on wages provided by this section shall have priority over all liens executed subsequent to the original date of issuance.
Section 20 (TC 26-2-220) Applicability of provisions for garnishment on attachments.
The provisions of Tennessee Code Annotated in regard to garnishment on attachments also regulate proceedings under this part whenever applicable.
Section 21 (TC 26-2-221) Garnishment of compensation due from state Amount exempted.
Garnishment of salaries, wages or other compensation due from the state, or from any county or municipality, to any officer or employee thereof, is permissible. Garnishment of compensation due from the state to contractors or vendors of the state is permissible. No such officer, employee, contractor, or vendor may validly claim any privilege or immunity in that regard. Such officer, employee, contractor, or vendor shall be entitled to an exemption of the amount of wages, salary, or compensation so due as is exempt from levy or garnishment in favor of officers, employees, contractors, or vendors of private corporations in like circumstances. However, notwithstanding any other provision of law to the contrary, nothing set forth in this section shall be construed to apply to or to allow garnishments of state compensation to contractors or vendors of the state where the state determines that payment of such garnishment would result in an interruption of essential state services.
Section 22 (TC 26-2-222) Garnishment procedure for state officers or employees.
(a) In case of garnishment of officers, employees, contractors, or vendors of the state, garnishment notice may issue from any court or any court of record and shall be served upon the commissioner of that department in which such officer, employee, contractor, or vendor shall be engaged, or with which the garnishee is connected. The date of service shall be the date upon which service upon the commissioner has been accomplished. If such garnishment is not served as set forth above, such service shall be considered ineffective, and the state shall not be liable for any sums due thereunder. Such commissioner, or the commissioner’s designee, is directed to make answer to such garnishment notice or summons, stating the compensation, if any, due any state officer, employee, contractor, or vendor so garnisheed. Such commissioner is directed to withhold any amounts then due the state officer, employee, contractor, or vendor up to and including the amount of the judgment and costs on which the garnishment proceedings were predicated, until the garnishment is released by the issuing court or such funds are paid into that court, as provided by law, and is directed to pay to such officer, employee, contractor, or vendor any amount or sum which may be due such officer, employee, contractor, or vendor above the amount of such judgment and costs, or if applicable, above the amount of each periodic payment made from successive pay periods.
(b) In addition to the amount of the disposable earnings subject to garnishment, the state department of finance and administration shall be entitled to retain an administrative fee of five dollars ($5.00) due from the judgment debtor at the time of each payment made to the court as a result of the garnishment. The five dollar ($5.00) fee will be retained from the balance of the judgment debtor’s earnings remaining after deducting the payment made to the garnishing court. If the maximum garnishable amount has been reached prior to retaining the five dollar ($5.00) fee, then such amount due shall remain owing to the state until paid.
(c) The time at which the garnishment lien attaches to the amounts due the state officer, employee, contractor, or vendor shall be seven (7) business days from the date of service of the garnishment.
(d) If the commissioner in the department in which the officer, employee, contractor, or vendor works, or the commissioner’s duly authorized agent or attorney, fails to appear and answer such garnishment, it shall be presumed that the state is indebted to the officer, employee, contractor, or vendor to the full amount of the judgment creditor’s demand, and thereupon a conditional judgment may be entered against the state for the judgment to the extent of the garnishable funds paid out by the state which were due the debtor during the period the garnishment was effective.
(e) After the entry of such conditional judgment a scire facias shall issue to the commissioner of the department in which the garnisheed officer, employee, contractor, or vendor works, returnable to the next term of the court or to a day and place fixed by the court, to show cause why final judgment should not be entered against the state.
(f) Upon the return of such scire facias, fully served upon the commissioner of the department in which the garnisheed officer, employee, contractor, or vendor works, and upon the failure of the state to appear and show cause, the conditional judgment against the state shall be made final. In such event, the commissioner is directed to pay any such judgment and deduct the amount thereof from wages, salaries, or other compensation owing to such officer, employee, contractor, or vendor garnisheed under this part. Notwithstanding the foregoing, in any case in which judgment is obtained under the provisions of this section, if there is no compensation due such officer, employee, contractor, or vendor so garnisheed during the period such garnishment was effective, such judgment against the state shall be void and unenforceable.
(g) Any process required to be served under this section may be served, pursuant to the Tennessee Rules of Civil Procedure, by a private process server.
Section 23 (TC 26-2-223) No wages due garnisheed employee Judgment null and void.
In any case where judgment is obtained under the provisions of §§ 26-2-205 — 26-2-208, if there are no wages due such employee so garnished, such judgment shall be void and unenforceable.
Section 24 (TC 26-2-224) Time for execution when multiple writs exist.
(a) Notwithstanding any other provision of law or rule to the contrary, a writ of garnishment that is filed later in time than another such writ, and which deducts the maximum amount allowable by law from the debtor’s wages, shall not run concurrently with the earlier filed writ with regard to the six-month time limit prescribed in § 26-2-214. Such later filed writ of garnishment shall not begin to run until the earlier filed writ’s judgment has been satisfied, such earlier filed writ has expired, or such earlier filed writ has been stayed by installment motion as prescribed in § 26-2-216.
(b) The time limit prescribed in § 26-2-214 shall not be extended beyond six (6) months from the date of filing if the garnishee has failed to answer or remit funds for such later filed writ.
(c) Nothing in this section shall be construed to affect the date of attachment or the status of any underlying statutory or common law lien rights of any later filed writ of garnishment.


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It is with an unspeakable feeling of thankfulness that I am able to record in our School Magazine that on Sunday last the nation gave thanks to God for the blessing of Peace. Many families and individuals will, no doubt, treasure the newspapers which described what took place in our Cathedrals and Churches, and many will also treasure the account of the Peace Celebrations which, by order of the King, will take place on the National Holiday on Saturday next. Here I will only say that the news of the great event reached the School on the evening of Saturday June 28th. The School “Houses” on the hill all gathered on the asphalt outside the Mistresses’ room, and I told them that Peace had come, and that we must all try to do our part in making it a true and worthy Peace. We then said the General Thanks giving, with a special thanks giving, and sang the National Anthem.
On July 28th there is to be a children’s Historical Pageant, written by Mr. Stevens, the Curator of the Museum an account of which will be in the next Magazine.
And now I must speak of a few School matters and events of special interest. Marcia Matthews, Head Mistress of St. Mary’s School, Calne, and once Head Girl of the Godolphin School, brought a party of Mistresses and girls from her School to visit Salisbury and the Godolphin School on Thursday last. It was a very great pleasuree to us to have them, and we hope that the friendly display of gymnastic “free exercises” may develop into a competition between the Schools. If it does, the excellence of the Calne drilling will make the contest very interesting, St. Mary’s School, Calne, has added to its buildings and playing fields, and, in spite of this, it is full to bursting, and will have to build again.
And now I must turn to the changes and losses which are coming to the School at the end of the term. Miss Westlake, who has been here for 23 years, and for the last year has been House Mistress of Fawcett, is leaving us, and will be so greatly missed. I can fancy so many of those who read this will say “We shall hardly know the School without Miss Westlake,” and they will remember with so much gratitude the many happy hours spent in the Gymnasium and ]In the play-grounds. She, too, I know, is very sorry to say goodbye to the School where she has lived and worked so long, but this regret is quite compatible with being ready and desirous to take up fresh work in the near future, and we all give her our very warmest and best wishes, as well as our gratitude for all her work in the School and Fawcett House.
Two other Mistresses are leaving us: Miss Mitchell, who has been here for seven years and two terms, and has done such good work as Geography Mistress, and as teacher of Household Accounts, and who has been such a good friend to the succession of girls in her Form. She, too, is going to take up other work, and she has our very best wishes and gratitude.
Miss Alcock, too, is leaving us after two years, in which she has interested so many girls in good literature. She has been Form Mistress, first of Form II. and then of Form Lower VB. Besides these things, she has so often aiven us so much pleasure through her singing. She, too, takes with her the best wishes of the School and especially of her own pupils and the nierabers of her own Forms.
Sarum: C. la Trobe. AL Luckham, S. Tuckes, H. B. and, V Gervers.
Fawcett: M. Burnett, B. Collins.
M. Cochrane has not left after all.
Miss Doualas then read the Senior Cambridge Results, and told us that N. Maude and P. Lee had passed the London Matriculation.
She also told us that, through the unselfishness of some members of Sarum House who carried on the mowing during the holidays, we should be able to begin games at once.
SATURDAY, SEPTEMBER 28th Commemoration Day.
All who had been Confirmed went to Holy Communion at St. Martin’s at 7.45. The School Service was at 9.45. The exhibition of the work ready for the sale was open all the afternoon and in the evening. Miss Ward and -Miss Alcock gave us a most delightful concert, before which the prizes were given. They were small medals, the size of a sixpenny-bit, but thicker, and engraved on one side with the fleur-de-lys. The collection at prayers, which amounted to £4 0s. 10d., was given to the Life boat Fund.
MONDAY, OCTOBER 14th After prayers, Miss Douglas told us that Miss Spencer and Mr. Bayley were engaged to be married, and that Mademoiselle Marchau was going to marry Captain Kneebone as soon as he got leave. We conveyed our good wishes to them in the form of a hearty clap.
FRIDAY, OCTOBER 18th At 8 p.m. Mr. Rowntree gave us a most interesting lecture, illustrated by lantern slides; on the Childhood of Animals.
SATURDAY, OCTOBER 19th At 2.15 there was a match between the Old Girls and the present Girls, and the present Girls won.
Nelson House gave a party to some of the wounded soldiers from the Infirmary. After tea they acted “Bluebeard,” and Kathleen Sargeaunt, an Old Girl, who happened to be down, sang songs between the scenes, in the choruses of which the soldiers joined.
FRIDAY, OCTOBER 25th Miss MacCormick, of the Kinnaird High School, Lahore, gave a lecture in our Hall on the position of women under Mohamedanism. All girls over 16 were allowed to go, and as Miss Douglas could not be present, Miss Bagnall took the chair.
WEDNESDAY, OCTOBER 30th Mademoiselle Marchau was married to Captain Kneebone, at St. Martin’s. In order that the Mistresses might go to the wedding we had an extra long break. After the wedding the party returned and had refreshments in School House sitting-room. We give our heartiest good wishes to Captain and to Mrs. Kneebone, who has made French lessons very interesting.
The results of the Sight-Reading Competition were given out. This year it was judged by Miss Awdry, Miss Ward and Miss Mixer, and was in three grades, Advanced, Middle and Elementary. School House was top with 38.7 marks, and Hamilton came second with 32.3 marks. The rest came as follows: Fawcett, 28.3 marks; St. Margaret’s, 27.1 marks; Methuen, 26.7 marks; Nelson, 23.6 marks; Sarum, 17.6 marks. We congratulate School House.
SUNDAY, NOVEMBER 10th As we could not go to Church owing to an outbreak of influenza, Mr. Cameron came and gave us a service at School at five o’clock. He spoke of the momentous decision before Germany, the result of which would be known on the following day, and would alter the history of the whole world. If Germany accepted the terms imposed on her, a great step would be taken towards the bringing about of the kingdom of God. God had not stopped the war, because He never interferes with the free will of His people. Mr. Cameron ended by reminding us that every action of ours either hastened or hindered the advance of God’s kingdom, and he asked us to give ourselves up more wholly to the service of God and of His Church from this time forward, and to resolve that in future we would not only say our prayers, but will our prayers.
FRIDAY, NOVEMBER 15th Lady Edward Cecil came and talked to us about her recent visit to France.
SUNDAY, NOVEMBER 17th We were allowed to go to the Thanksgiving Service at the Cathedral.
MONDAY, NOVEMBER 18th At 12 o’clock Major the Rev. R. Bartlett gave us a lecture about his work in New Guinea. We hope that he will come again and tell us more about his life there.
FRIDAY, NOVEMBER 29th Miss Douglas’ birthday. We gave her an early morning tea-set and a silver pencil. In the evening the staff gave a party in honour of the event.
FRIDAY. DECEMBER 6th The Governors’ meeting. Miss Douglas read her report as usual. Lady Hulse was in the chair, and gave away the Senior Cambridge and various music certificates. She then made a short speech about the war, and congratulated the School on our contribution to the work done by the nation.
SATURDAY, DECEMBER 7th Our Sale of Work. At four o’clock there was a repetition of the two plays and the Toy Symphony originally performed for Miss Douglas’ birthday by the staff. A silver collection was taken at the door.
MONDAY, DECEMBER 9th At 3.15 Miss Douglas and the School listened to a pianoforte concert given by some of the girls.
WEDNESDAY, DECEMBER 11th Mark Reading 10.30 – The result of the Sale was given out as £135 17s. 3d., with, perhaps, some more to follow. Miss Douglas had been asked if £100 could be given to open a “Godolphin” bed at Lord Methuen’s Hospital, in Malta. She put this proposition before the School, and it was carried unanimously. The amount left over was given to local Red Cross funds.
She then read the Term’s Marks, and the Music and Drawing Marks.
Finished Books: Lower VI., was top with 71.2 per cent.
Tidy Marks. Form Room Cup: Upper VI., Lower VI., Lower Sp. VI., Lower Va. Par. No marks lost.
Cloak Room Picture: Won by Form II., with no marks lost.
Sight Reading Competition: School House.
Red Girdle Cup: Upper School, Lower VI. 86 per cent.
Junior Red Girdle Picture: Lower School, Lower IV., 40 per cent.
Mistresses Leaving: Miss Cranmer, Miss Gillman, Mrs. Kneebone, Miss Buckle, Miss Carroll and Miss Seal.
School House: P. Wood, House Prefect and Games Representative Upper VI.
Sarum House: E. Brereton, Upper V., E. Gibbs, Lower Sp. VI., B. Gibbs, Upper IV., M. Cochrane, Lower IV.
St. Margaret’s: H. Felton, Upper Special VI.
Nelson House: K. Bridge, Upper Special VI.
Fawcett House: VI. Preece, Lower Vb.
Hamilton House: M. Kingdon, Upper Special VI.
Methuen House: A. Beevor, House Prefect and Upper VI.
Miss Douglas wished us happy holidays, and asked us to be extremely quiet on the journey, and to keep up the good tradition of quietness and commonsense. She asked us to give those at home a very happy time. She compared the girls leaving us to the men going out to the front, for they were all going to fight for the right.
I am writing this in the week of the great victory in Palestine, when we have all been filled with thankful rejoicing at the wonderful feat accomplished under the direction and the command of General Allenby. Besides this, great news comes of retreating Bulgarians, and ever since the beginning of August the line of the Allied Armies in the West has been advancing, sometimes with a successful and surprising great push, sometimes by many minor operations, which have paved the way for greater and more impressive successes, and the assistance of the vast and ever increasing American army cannot be too highly estimated. On the first morning of the new term, a special thanksgiving was added to our School Prayers, and special prayers are needed at this time for all those amongst us whose share in the cost of victory is the largest. The men themselves do not seem to count the cost, and certainly their deeds of dauntless courage can never be counted but let us pray that the undying spirit of them may pervade and influence our lives, and the lives of all generations to come. And now let us all brace ourselves to carry on all the work and service possible, so that with God’s help and in His strength, each one of us may be allowed a share in securing the fruits of the sacrifice made for the triumph of righteousness and a righteous freedom. I think many of you may agree with me in feeling how easy it is to be thrilled at moments with a great desire for a share in self-sacrificing patriotism, and how easy also it is to be slack at moments in doing the daily duty as perfectly as possible, how easy it is to get a little tired of some particular form of service, and how easy even it is to grumble at some small, but continued privation ! Perhaps we are ashamed to own this, but do we not sometimes find ourselves longing too intently that life may be easier as of old, instead of forgetting ourselves altogether in the rendering with complete willingness anything we have to contribute towards the good of our dear country? Some who will perhaps read these words have been called upon to give what makes the very happiness of home and of life, and may well feel that indeed there is no danger for them of ever again taking a small view of life, but for any of us who may not have been so touched with the very fire from the altar, of sacrifice. I believe there may be a need “to make good,” and to make better still, the patriotism which we undoubtedly feel in our inmost hearts.
POTTS – William Janson Potts, R.F.A., attached to R.F.C., killed in an air fight, September 21st, 1917.
EVANS – William Evans, New Zealand Rifle Brigade, killed at Passchendaele, husband of Louie Evans (nee Foster).
READ. Killed at Econst St. Mein, April 2nd, 1917, Edward Macartney Read, Second-Lieutenant 9th Devon.
READ – Killed at Delville Wood, July, 1916, Thomas Jaf3ray Read, brother of Mildred Hepburn (Read).
COLLINS – Killed in action, on the 28th ult., John. Ferdinando, Second-Lieutenant, M.G.C., only son of the late H. J. Collins, Southcoteroad, West Reading, and Mrs. Collins, St. Mark’s-road, Salisbury, aged 19, brother of M., P. and N. Collins.
CLIVE-SMITH – Killed in action, on the 24th March, Second-Lieutenant Colin Metcalfe Clive-Smith, eldest son of the late Clive-Smith, of Adelaide, S.A., and Estella Clive-Smith; of 15, Chaucer-road, Bedford, aged 19, brother of N. Clive-Smith.
HODGSON – Died of wounds, in Cairo, April lst, Charles Basil Mortimer Hodgson, Captain, the Queen’s Royal West Surrey Regiment, eldest son of Charles Durant Hodgson, and Mrs. Hodgson, of The Hallams, Shamley Green, Guildford, and beloved husband of Mary Alice (Molly), eldest daughter of the Ven. Archdeacon of Sarum and Mrs. Carpenter, of Salisbury.
SLOCOCK – On the 3rd April, in a hospital abroad, of wounds received in action 25th March, Captain Cyprian Henry Benson Slocock, of North Lodge, Maidenhead, aged 21, brother of M. and C. Slocock.
EVANS – Hugh Elwyn Evans, M.C., Yorkshire Regiment, fia.nce of Violet Christy.
CORNISH – Robert Kestell-Cornish, cousin of Kene Keble.
THURSDAY, JANUARY 17TH – School re-opened. Miss Douglas welcomed us back to school. She then gave a special welcome and her best wishes to General and Mrs. Everett (Miss Wyld). Mrs. Everett rose to thank us all for the hearty clap we gave them. Miss Douglas told us that the new Matron is Miss McCroben, and that Miss Carroll has come to help with the drawing. She then read the prizes, and gave an address on being “Children of Light.” She told us that we must always strive for light, and that there must be no dark corner in our houses, our homes, or our school.
M. Trafford to Lower Special VI.; M. Bennet to Upper V.; M. Pettinger to Lower V.; A. J. Preston to Lower VB.; M. Middleditch to Upper IVA.; A. B. Salisbury to III.
Sarum House – J. Etherington, Lower VI., M. Etherington, Upper V., E. Gibbs, Special V., E. Bereton, Lower VI., B. Gibbs, Upper N., B. D. Knight and S. Tuckey, III., M. Chubb, II.
Fawcett House – A. Johnson, Lower VB.
Hamilton House – J. Hepburn, Lower VB., R. King, Upper IVA., C. Dyke, II.
MONDAY, JANUARY 21ST – Miss Gillman and Miss Hancock gave us very interesting accounts of the Mission Treat.
SATURDAY, FEBRUARY 2ND – There were “Ration Parties ” in each of the Houses (except Nelson, which was in quarantine for measles). A certain number of girls from each House exchanged with another. Games and competitions took place after tea, and an enjoyable evening was spent.
TUESDAY, FEBRUARY 5TH – The Hall was lent by Miss Douglas to the Wilts War Agricultural Committee for a very interesting meeting, on the need of girls for work on the land. The elder girls were allowed to go to it.
SATURDAY, FEBRUARY 9TH – From two o’clock till three, Dr. Alcock kindly coached us in the songs for the singing competition. From 3.15 till 4.15 the Old Girls’ match took place. The School was allowed to watch for a part of the time. M. Holmes captained the Old Girls, and S. Wotton, the Present Girls.
MONDAY, FEBRUARY 11TH – Miss Douglas very kindly gave us a party. We assembled in the School Hall after supper and played games.
TUESDAY, FEBRUARY 12TH – Dr. Alcock coached us for the second time. In the evening, Miss Douglas gave a party to the Staff.
ASH WEDNESDAY, FEBRUARY 13TH – Miss Douglas spoke a few words to us at Morning Prayers about ” Love.” We went to the Cathedral for Evensong.
THURSDAY, FEBRUARY 14TH – Mr. Robins, the Organising Secretary for the S.P.G. in this Diocese, told us of the great importance of S.P.G. work.
SUNDAY, FEBRUARY 17TH – Mr. Kricorian, an Armenian teacher, came to tell us of his country’s need and trouble. He showed us interesting slides of Egypt, the Holy Land and his own country.
MONDAY, FEBRUARY 18TH – There was a sale of Armenian work in the gymnasium. About £19 was realised for that suffering country.
WEDNESDAY, FEBRUARY 20TH – Archdeacon Dundas came to tale our first Lent service. He talked to us about God, the great Reality, the Eternal Truth.
WEDNESDAY, FEBRUARY 27TH – Canon Myers took our second Lent service. He told us to try and carry the presence of God with us all through the day, and to do everything to His glory.
TUESDAY, MARCH 5TH – The great Salisbury War Bond week began. The whole school went down to the Market Square to see the Tank in the afternoon.
WEDNESDAY, MARCH 6TH – Archdeacon Dundas came to take our third Lent service. He emphasised the great fact, the Being of God. In these times God has begotten us again. It is a time of re-construction. The moral deadness is to be overcome by Christ. In the evening Miss Lucy took several of the VI. Form to see a ” Demonstration of the Working of a Kindergarten Church Sunday School ” at St. Mark’s Day School.
FRIDAY, MARCH 8TH – Miss Douglas and the Form Mistresses chose about 50 girls to do “War work.” The Secretary of the Salisbury Food Control Committee had asked Miss Douglas if we could help with the difficult task that had been set, that of writing out many thousands of food and meat cards for the inhabitants of Salisbury. War work was done instead of lessons on Friday, Saturday, Monday and Tuesday by a number of girls from Upper Forms.
SATURDAY, MARCH 9TH – At 3 o’clock, the second match between the Old and Present Girls was played. The teams were slightly altered, but were captained by the same people. At 5.45 Miss Ward and Miss Alcock gave a delightful concert to the School in the Hall.
MONDAY, MARCH, 11TH – Archdeacon Dundas took our fourth Lent Service. In the afternoon some of the mistresses took parties of the girls to see several of the beautiful gardens in and near the Close.
WEDNESDAY, MARCH 13TH – The majority of the School went to hear an excellent concert in the Town, given by Plunkett Green and Sybil Eaton. The others went for a walk to Old Sarum.
FRIDAY, MARCH 22ND – A most beautiful Confirmation Service for the Godolphin Candidates took place in the Cathedral Choir.
School House – M. Wood, R. Taylor. E. Birney, N. Somerville.
Sarum House – M. Waters, P. Collins, J. Buckle.
St. Margaret’s – C. Malony, E. Palo-rave, B. Douglas, J. Colbeck, P. Malony, M. Luckham, L. Taylor.
Nelson House – B. Davies, S. Holborow, M. Ilbert, M. Allan, P. Savage.
Fawcett House – C. Harrison, M. Pettinger, P. Stow, L. Lock, C. Squire.
Hamilton House – E. White, V. Arnold, G. Chambers, S. Chennells.
Methuen House – B. Bisdee, B. Jenks. Glenside. N. Cox.
SATURDAY, MARCH 23RD – The School assembled in the Hall at 9.30 to hear the programme for the day, then broke up into parties and spent a delightful half-hour enjoying English Literature. At 11.30 Mr. Stevens gave us a most interesting and amusing lecture on Milford Hill as it was thousands of years ago. (See Special Notice.) At 4.30 Dr. Alcock very kindly came to judge the singing. The shield was won by Nelson House. Methuen House came in a good second. In the evening Miss Mixer’s Harmony Class gave a most enjoyable concert of English music.
MONDAY, MARCH 25TH – Mark Reading.
The Cloak Room Picture was won by Lower IV. with only one mark lost.
The Form Room Cup was won by Lower VI., Lower Special VI., Special V., Lower VB. and Upper IVA. with no marks lost.
Finished Books-Upper V. was best with 74 per cent., Lower VI., being second with 73 per cent.
Lacrosse Pins were won by P. Wood, H. Phillimore, J. Carter, M. Chilton, V. Greene, G. Taylor, G. Rigden, D. Fanner, N. Figgis, and M. Figgis.
K. Birkett, M. Walters, M. Ilbert and M. Kingdon.
A Junior Red Girdle was won by C. Fraser.
The Form Red Girdle Cup was won by Upper VL with 70 per cent. The Junior Red Girdle Picture was won by the Third Form with 23 per cent.
Miss Douglas gave us a holiday wish and a word for these critical times. She told us to keep calm, cheery, strong and steadfast, and to be willing to endure anything that is necessary to bring great good out of the sacrifice that is being made for us. She then gave a special message to the leaving girls. She hoped that their lives would be packed as full as possible with usefulness and service, and that they should take up the work they were most fitted for, not the thing that appeared most attractive for the moment.
School House – C. Fletcher and N. Clive-Smith from Upper VI.; S. Hope-Johnstone from Lower Special VI.
Nelson House – P. Savill from Upper IVA.
Fawcett House. F. Frood and N. Lewarne from Lower VT.; N. Preece from Upper Special VI.; H. Duboura from Lower Special VI.
Hamilton House – M. Fairclough from Lower Special VI.
THURSDAY, APRIL 25TH – School re-opened. Miss Douglas spoke to us inspiringly of St. George and of the allegorical meaning underlying the legends which have grown up round him. She told us that, like St. George of old, we had to take up the sword to fight against our “dragons” in order to make the world a better place.
Mademoiselle Caron has taken Mademoiselle Cornellie’s Place, Miss Carroll is to take Matron’s place, and as Mr. George is still ill, Dr. Alcock has kindly promised to undertake his work.
Prefect of Fawcett House – H. Phillimore. Prefect of Lower Special VL-M. Waters.
School House – J. Morley, Special V.; E. Fagan, Lower VB.; and F. de Jersey, Lower IV.
Sarum House – M. Pleydell-Bouverie, Upper V.; M. Dodd, Lower IV.; and G. Waters, III.
Margaret’s – C. Thicknesse, Lower IV.
Nelson House – J. Cartwright, Lower IV.
Fawcett House – D. Percy-Jones, Special V.; M. Burnett, Lower VA.; B. Collins, Lower VB.; and R. Bloxam, III.
Methuen House – H. Dickenson, Special V.
MONDAY, APRIL 29TH – Miss Douglas told us plans for “War work,” in the shape of concerts and acting, this term, and a Sale of Work next. We do our own mowing now, and throughout the week Brookes instructed us in the art of mowing Properly.
THURSDAY, MAY 16TH.-A second series of ” Ration Parties ” took place in each of the Houses. Cricket and tennis matches and sports featured amongst the, amusements.
THURSDAY, MAY 23RD – Form Picnics. Everyone thoroughly enjoyed herself, in spite of the bad weather.
FRIDAY, MAY 24TH – The whole School went to the Market Square to celebrate Empire Day. We heard some stirring addresses given to a very large gathering of the citizens of Salisbury, as well as to sections of the Troops. We also saw General Sclater presenting medals to a number of our soldiers for gallant services rendered for their country at the Front.
THURSDAY, MAY 30TH – There were rehearsals of “A Midsummer Night’s Dream” and the French play. Several Houses went for expeditions.
FRIDAY, MAY 31ST – There was a dress rehearsal of “A Midsummer Night’s Dream” in Lady Sclater’s garden.
MONDAY, JUNE 3RD – The first instalment of girls from the Elementary Schools came to play Rounders in the grounds. Boys and girls come several evenings a week after our games’ time, for cricket and rounders.
THURSDAY, JUNE 6TH – There were Rehearsals in the afternoon. Mr. Robertson very kindly came to take “The Service of Song” at 8 o’clock. Miss Harding conducted.
WEDNESDAY, JUNE 12TH – A party of about 19 girls went to Britford for haymaking.
Some of the younger ones went to the Cinematograph to see a series of interesting pictures of the Boy Scout Movement.
WEDNESDAY, JUNE 19TH – We all went to the Fete in Lady Sclater’s garden, and thoroughly enjoyed ourselves. The performance of “A Midsummer Night’s Dream” was splendid. (See Special Notice.) THURSDAY. JUNE 20TH. A round of cricket matches was layed off.
The Houses sitting out played a Cricket Tournament.
We were very glad to hear that S. Wotton had passed the second part of her Entrance Examination into Girton.
MONDAY, JUNE 24TH – The scenes from “A Midsummer Night’s Dream” were re-acted, but this time on the Old Pitch. There was quite a large audience, and over £10 was taken at the gate. Every member of the cast, from Theseus to the tiniest fairy, acted her part beautifully.
TUESDAY, JUNE 25TH – Several girls began doing “Food Books” for the Salisbury Food Office. This work continued throughout the week, instead of ordinary lessons, for the girls chosen.
WEDNESDAY, JUNE 26TH – The March Playing Competition took place at 8 o’clock. Miss Westlake and Miss Awdry very kindly judged. U. Luker won the Picture, and N. Figuis was second. We all wish to congratulate Methuen very heartily on winning their first honour.
THURSDAY, JUNE 27TH – The Staff v. School Tennis Match took place. This year there were six couples playing on either side, instead of three.
MONDAY, JULY 1ST – M. Chilton, V. Hinkley and H. Phillimore went up to Oxford for their Entrance Examinations.
Sarum House has moved its sitting-room to the old Second Form room, once the Junior cloakroom. It is a very sunny room, and all were delighted at the change.
MONDAY, JULY 8TH – We heard that V. Hinkley, M. Chilton and H. Phillimore had passed Responsions.
TUESDAY, JULY 9TH – A choir was chosen to sing for the Country Dances at Mrs. Forbes’ Fete.
THURSDAY, JULY 11TH – The Reading Competition results were read at Prayers. Nelson House won the Picture, and Fawcett House was a close second.
FRIDAY, JULY 12TH – The Throwing Competition took place.
SATURDAY, JULY 13TH – There were sports on the grounds, organised by Miss Westlake, who was assisted by the Games Captains. We spent a lovely afternoon running team races, jumping, and taking part in other competitions, and we do want to thank Miss Westlake for getting it up. School House won the most points.
TUESDAY, JULY 16TH – The second performance of the French Play took place.
WEDNESDAY, JULY 17TH – A number of our girls were to have taken part in a Pageant in Mrs. Forbes’ garden, but the weather was so bad that an outdoor performance was out of the question.
THURSDAY, JULY 18TH – A Team of Old Girls, captained by Miss Ashford, played a Picked XI.
FRIDAY, JULY 19TH – As Miss Douglas was ordered by her doctors to leave us on Saturday, much to our disappointment, we assembled at 12.30 in the Hall, and she presented us with certain cups and trophies, and then said a few words of farewell to those leaving this Term, and mentioned them by name. We are sorry to lose Miss Ashford and Miss Wallich from amongst the Mistresses.
School House – S. Lister, S. Robertson and P. Lee.
Sarum House – J. Carter, R. Fawcett; V. Hinkley, P. Blunt, D. Fanner; M. Collins; M. Waters, M. Cochrane and S. Tuckey.
St. Margaret’s – P. Du Buisson and E. Douglas.
Nelson House – P. Seal, S. Wotton, M. Chilton, M. Eppstein and G T,tylor.
Fawcett House – V. Greene and R. Bloxam.
Hamilton House – P. Scott and F. Wethered.
Methuen House – M. Dalston.
M Trafford, E. Douglas, D. Dome, H. Wethered, F. Fague, M. Bennet, R. Taylor, D. Gubbins, S. Holborow, M. Stow, B. Davies, I. Moon, J. Elling, M. Massey, C. Harrison, F. Monier-Williams, B. Douglas, M. Leys, P. Lee, M. Panting and M. Rouquette.
M. Cochrane, N. Broadbent, D. Josselyn, C. Silverthorne. J. Syfret, J. Fisher.
Junior:-M. Bouverie, F. Denny, M. Dodd, E. Fagan, C. Fraser, D. Hesketh, J. Hyatt and F. de Jersey.
Cricket Colours were won by: – P. Du Buisson, V. Leys, S. Wotton, P. Wood, J. Carter, B. Medlicott. M. Eppstein, D. Hinds and J. de Coetlogon.
The Running Cup was won by G. Taylor.
The Tennis Cup was won by Nelson House.
The Red Girdle Cup was won by Upper VI., with 75 per cent., and the Junior Red Girdle Picture was won by the Third Form.
Finished Books – Upper V. was best with 83 per cent., and Upper Special VI. second with 80 per cent.
In the afternoon the Tennis Championship Finals were played off.
SATURDAY – The School Tennis Team played in a Tournament, very kindly arranged by Miss Pinckney, and spent a thoroughly enjoyable afternoon. Most of the School went to the Sale and, Pageant in Mrs. Forbes’ garden. The maypole dance was very pretty. At 8 o’clock there was a third performance of the French Play. We wish to thank Mademoiselle Marchau for taking such endless pains over it.
MONDAY, JULY 22ND – Instead of the End of Term Dance (which has been given up for several years now because of the war) we had 8-niinute “wanders” with people. As it was wet, “Wanders” were in the School, and we spent a most amusing time from 7.45 till 9.
TUESDAY, JULY 23RD – The End of Term Concert took place, this time an entrance fee of one shilling was charged. The proceeds went to Lady Hulse’s Club.
WEDNESDAY, JULY 24TH – Mark Reading: Miss Bagnall presented the few remaining trophies and read the list of removes.
Form Tidy Cup was won by Upper Vi., Lower V., Special V. and Upper Special VL, with no marks lost.
The Cloakroom Picture was won by Upper NB.
The Gardening Picture was won by School House with 98 per cent.
The Lines Cup, so kindly presented by Mrs. Leys, was won by Sarum and School.
The Championship was won by V. Leys, P. Wood getting the Picture.
The Second Sixteen Picture was won, by M. Eppstein.

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Disqualification Motions in Texas: Don’t Sit On Your Rights!
Chad Baruch Aug 20, 2018 Blog Comments Off on Disqualification Motions in Texas: Don’t Sit On Your Rights!
Among our firm’s growing practice areas is litigation where one party files a motion seeking to disqualify another party’s lawyers. These motions are becoming ever more common. We are hired both to file and pursue disqualification, and to represent lawyers in resisting disqualification.
One of the critical issues in seeking disqualification—no matter what the grounds—is the timing of the motion. Under Texas law, “[a] party who fails to file its motion to disqualify opposing counsel in a timely manner waives the complaint.” Vaughan v. Walther, 875 S.W.2d 690, 690 (Tex. 1994) (per curiam). Simply put, if you wait too long to file, you may out of luck.
In determining waiver of disqualification, Texas courts consider the length of time between when a party learned of the alleged basis for disqualification and when the party asserted it, and any evidence suggesting the motion is being used as a dilatory trial tactic. See In re La. Tex. Healthcare Mgmt., L.L.C., 349 S.W.3d 688, 689–90 (Tex. App.—Houston [14th Dist.] 2011, orig. proceeding) (internal citations omitted). Prejudice to the non-moving party may also be a factor. See In re EPIC Holdings, Inc., 985 S.W.2d 41, 52–53 (Tex. 1998) (orig. proceeding).
In Vaughan, the Texas Supreme Court held that a disqualification movant waived her complaint by waiting six months to file the motion. Vaughan, 875 S.W.2d at 690-91. The Court also has found waiver where a party waited seven months to file its motion. Buck v. Palmer, 381 S.W.3d 525, 528 (Tex. 2012).
Similarly, a host of courts across Texas have found waiver where parties waited between four and eight months to seek disqualification. See, e.g., Litman v. Litman, 402 S.W.3d 280, 288, 289–90 (Tex. App.—Dallas 2013, pet. denied); Diggs v. Diggs, No. 14-11-00854-CV, 2013 WL 3580424, at *7 (Tex. App.—Houston [14th Dist.] July 11, 2013, no pet.) (mem. op.); Enstar Petroleum Co. v. Mancias, 773 S.W.2d 662, 664 (Tex. App.—San Antonio 1989, orig. proceeding); BP Am. Prod. Co. v. Zaffirini, 419 S.W.3d 485, 515 (Tex. App.—San Antonio 2013, pet. denied); In re Davila, No. 04-99-00571-CV, 1999 WL 735164, at *3 (Tex. App.—San Antonio Sept. 22, 1999, orig. proceeding) (not designated for publication).
As a result of these decisions, one article about disqualification has concluded that Texas has an “almost-per se” rule that a delay of more than four months constitutes waiver. See David Hricik & Jae Ellis, Motions to Disqualify in Texas State and Federal Court Litigation, 74 Tex. B.J. 466, 467 (2011).
If you believe that opposing counsel is laboring under a prohibited conflict, and that this conflict may warrant disqualification, don’t wait! You must immediately consult a lawyer about seeking disqualification to ensure that you don’t waive your right to relief.

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