Randolph v. Little
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Tried before Hon. W. L. Whitlock. Tbe appellee, Hiram Little, having obtained a judgment against one Eossean, sued out a garnishment against tbe appellant, Byland Bandolph, on the 2d day of June, 1875. Tbe affidavit filed to secure the writ, is in tbe usual form, and alleged tbe recovery of judgment against Eossean and another, at tbe fall term, lb7‘2, of tbe Circuit Court of Etowab county, and a supposed indebtedness to Eosseau by tbe…
Read the full summary
Appeal from Etowah Circuit Court. Tried before Hon. W. L. Whitlock. Tbe appellee, Hiram Little, having obtained a judgment against one Eossean, sued out a garnishment against tbe appellant, Byland Bandolph, on the 2d day of June, 1875. Tbe affidavit filed to secure the writ, is in tbe usual form, and alleged tbe recovery of judgment against Eossean and another, at tbe fall term, lb7‘2, of tbe Circuit Court of Etowab county, and a supposed indebtedness to Eosseau by tbe appellant. Appellant answered, admitting tbe existence of a contract with Eossean, under wbicb, if tbe work was completed as…
1Opinion of the CourtStone, J.
We do not doubt that a claim or demand, sought to be condemned in garnishment to the satisfaction of a judgment, may be the subject of a valid exemption claim, when properly set up by the judgment debtor. But, to be availing, such claim must be interposed before judgment is *399rendered against the garnishee. Till then, the proceedings are in fieri, and the proper inquiry is presented, whether the garnisheo is indebted to the judgment debtor in such form, as that the debt can be condemned for the payment of plaintiff’s judgment. If there be a debt, and that debt is liable to condemnation, then…
2Cases cited4 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Wilson v. BrownSupreme Court of Alabama · 1877
- Stephens v. Norris, Stodder & Co.Supreme Court of Alabama · 1848
- Webb v. EdwardsSupreme Court of Alabama · 1871
3Cited by22 opinions
- Clark v. SpencerSupreme Court of Alabama · 1883
- Poole v. GriffithSupreme Court of Alabama · 1927
- Goldsby v. StewartDistrict Court, S.D. Alabama · 1983
- Montgomery Iron Works v. RomanSupreme Court of Alabama · 1906
- Ely v. BlackerSupreme Court of Alabama · 1895
17 more not listed; retrieve them via the Exa API.