Carpenter, Baggett & Co. v. Miller
Alabama Court of Appeals
Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Action by R. Miller against Carpenter, Baggett & Co. in which the Bank of Camden was served as garnishee. From a judgment refusing a motion to dismiss the cause, defendant appeals.
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Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Action by R. Miller against Carpenter, Baggett & Co. in which the Bank of Camden was served as garnishee. From a judgment refusing a motion to dismiss the cause, defendant appeals. After the issuance and service of garnishment, Carpenter, Baggett & Company entered into bond payable to R. Miller in the sum of $1,000.00 conditioned that the said Carpenter, Baggett & Company should pay such judgment as may be rendered or ascertained in favor of pláintiff and against the defendant in such cause, and the costs of same, then the…
1Opinion of the CourtWalkee, P. J.
Under our statutes a defendant in an action in which a writ of garnishment has issued has the option of bringing about the discharge of the money or property in the hands of the garnishee either by giving the bond provided for by section 4312 of the Code, “conditioned to pay the amount for which the garnishee may be found indebted or liable to the defendant, and the cost of the garnishment,” or by giving the bond provided for by section 4313 of the Code, “conditioned to pay such judgment as may be rendered or ascertained to exist in favor of the plaintiff and against the defendant in the…
2Cases cited6 opinions
- Peebles v. WeirSupreme Court of Alabama · 1877
- Chastain & Lawrence v. ArmstrongSupreme Court of Alabama · 1887
- Rhodes & Broadfoot v. SmithSupreme Court of Alabama · 1880
- Guilford v. Reeves & Co.Supreme Court of Alabama · 1893
- Collins v. Baldwin & Co.Supreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rorick v. StilwellSupreme Court of Florida · 1931
- Bishop-Babcock-Becker Co. v. HydeSupreme Court of Oklahoma · 1916
- Taylor v. TaylorSupreme Court of Florida · 1938