Coleman & Carroll v. Hatcher & Brannon
Supreme Court of Alabama
Ancillary Garnishment; Contest of Garnishee’s Answer. Appeals from the Circuit Court of Pike. Tried before the Eton. John P. Hubbard. These two cases, presenting the same facts, and involving the same question, were argued and submitted together.
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Ancillary Garnishment; Contest of Garnishee’s Answer. Appeals from the Circuit Court of Pike. Tried before the Eton. John P. Hubbard. These two cases, presenting the same facts, and involving the same question, were argued and submitted together. In each ease, the action was commenced by summons and complaint, in favor of Iiatcher & Brannon, and the Merchants’ & Mechanics’ Bank, respectively, against Tatum Brothers and R. J. Higgins; and in each case a garnishment was sued out against Coleman & Carroll, partners, as the debtors of said defendants, which was served on them on the 14th…
1Opinion of the Court
STONE, O. J.
The undisputed facts of this case are, that Tatum Brothers sold to Higgins their stock of merchandise, in payment of a debt they owed him, and of liabilities for which lie was their surety. No question is raised as to the fact and good faith of this sale. Higgins owed H. M. Comer & Co. one thousand dollars, owed ÍLiss Freeman seven hundred and thirty-five dollars, to fall due January 1st, 1883, and owed Joel Carter thirteen hundred and nineteen dollars, to mature October 1, 1883. About November 13, 1882, Higgins sold said stock of merchandise to Coleman & Carroll, at a price which…
2Cases cited21 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Kelly v. . RobertsNew York Court of Appeals · 1869
- Hall v. MarstonMassachusetts Supreme Judicial Court · 1822
- Merrills v. SwiftSupreme Court of Connecticut · 1847
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
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3Cited by31 opinions
- Lee v. WimberlySupreme Court of Alabama · 1893
- Moore v. First National Bank of FlorenceSupreme Court of Alabama · 1903
- Clark & Wadsworth v. JonesSupreme Court of Alabama · 1887
- O'Barr v. TurnerAlabama Court of Appeals · 1917
- Dimmick v. RegisterSupreme Court of Alabama · 1890
26 more not listed; retrieve them via the Exa API.