Smoot v. Hart
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa-. Tried before the Hon. E, W. Pettus. The appellant in this case, having obtained a judgment against the mayor and aldermen of the city of Wetumpka, on the 16th October, 1854, afterwards.sued out a garnishment against Joseph B. Hart, as the debtor of said corporation ; making oath, before the clerk of the circuit court of the county, “that said Joseph B. Hart is supposed to be indebted to, or have in his possession, or under his…
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Appeal from the Circuit Court of Coosa-. Tried before the Hon. E, W. Pettus. The appellant in this case, having obtained a judgment against the mayor and aldermen of the city of Wetumpka, on the 16th October, 1854, afterwards.sued out a garnishment against Joseph B. Hart, as the debtor of said corporation ; making oath, before the clerk of the circuit court of the county, “that said Joseph B. Hart is supposed to be indebted to, or have in his possession, or under his control, effects belonging to said defendant; and that said affiant believes that process of garnishment against said Hart is…
1Opinion of the CourtWalker, J.
—The sole question of this case is, whether the judgment creditor of the municipal corporation, having obtained a return of nulla bona on his execution, can by garnishment reach its funds, in the hands of its marshal, produced by taxation and the imposition of fines and forfeitures.
Section 2472 of the Code is in the following words: “A judgment creditor of an existing corporation, whose execution has been returned ‘ no property found,’ his agent or attorney, upon making affidavit before the clerk that a certain person supposed to be indebted to the corporation, as stockholder or otherwise, is…
2Cases cited3 opinions
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Mayor of Mobile v. Rowland & Co.Supreme Court of Alabama · 1855
- Zurcher v. MageeSupreme Court of Alabama · 1841
3Cited by8 opinions
- Brown v. GatesWest Virginia Supreme Court · 1879
- City of Laredo v. NalleTexas Supreme Court · 1886
- Pruitt v. ArmstrongSupreme Court of Alabama · 1876
- McLellan v. YoungSupreme Court of Georgia · 1875
- Edmondson v. De Kalb CountySupreme Court of Alabama · 1874
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