Brake v. Curd Sinton Manufacturing Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. Jambs J. BANKS. The appeal in this case is prosecuted by J. L. Brake from a j udgment rendered against him as garnishee in a suit brought by the appellee, the Curd Sin ton Manufacturing Co., against R. D. Jones on a moneyed demand.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. Jambs J. BANKS. The appeal in this case is prosecuted by J. L. Brake from a j udgment rendered against him as garnishee in a suit brought by the appellee, the Curd Sin ton Manufacturing Co., against R. D. Jones on a moneyed demand. The facts of the case are sufficiently stated in the opinion. 1. If the answer of the garnishee is in writing and is identified by the judgment entry, it will be considered part of the record. — Jones v. Howell, 16 Ala. 695. A recital in the judgment entry that the garnishee has filed an answer, will…
1Opinion of the CourtHaralson, J.
The appellee brought suit in the circuit court of Jefferson county against R. D. Jones on a money demand, and, in aid of that suit, garnished J. L. Brake, the appellant. There is no bill of exceptions in this case. It is brought here for a review for errors apparent on the record.
The record discloses an answer filed by the garnishee on the 9th day of January, 1890. It denies any indebtedness by garnishee to defendant,,- Jones. It also appears from the record, that plaintiff, appellee here, by its attorneys, on the 6th of February, 1890, filed a paper in the cause,, styled, “Traverse of answer…
2Cases cited9 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882
- Donald Bros. & Co. v. NelsonSupreme Court of Alabama · 1891
- Grates v. CooperSupreme Court of Alabama · 1845
- Lindsay v. MorrisSupreme Court of Alabama · 1892
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