Myatt v. Lockhart
Supreme Court of Alabama
Writ of Error to the County Court of Perry. Lockhart & Massey were summoned as garnishee®, in a suit commenced by attachment by M. A. The plaintiffs filed an affidavit, in which one of the firm made oath, that the answer of the garnishees was incorrect, and that he had reason to believe, and did believe, that the notes so received by the garnishees for collection, were, when received, the property of Johnson & Patton, and not the property of the said William Dealing, and…
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Writ of Error to the County Court of Perry. Lockhart & Massey were summoned as garnishee®, in a suit commenced by attachment by M. A. The plaintiffs filed an affidavit, in which one of the firm made oath, that the answer of the garnishees was incorrect, and that he had reason to believe, and did believe, that the notes so received by the garnishees for collection, were, when received, the property of Johnson & Patton, and not the property of the said William Dealing, and therefore they prayed an issue might be made up, and the said Dealing notified to appear. Upon this the Court ordered an…
1Opinion of the CourtGoldthwaite, J.
1. The 25th section of the attachment act directs, that “ the plaintiff wishing to controvert the garnishee’s answer, may do so by making oath that he believes the same to be incorrect, whereupon an issue shall be formed, and tried as in other cases. [Dig. 60, $ 25.] *95It is supposed by the garnishees, that this imposes on the plaintiff the onus of disproving the facts asserted by the answer ; but it seems clear to us that such is not the intention of the act, because, instead of being tried as other cases, this issue would often entirely depend on the garnishee’s oath. The 24th and 40th…
2Cases cited3 opinions
- Travis v. TarttSupreme Court of Alabama · 1845
- Grates v. CooperSupreme Court of Alabama · 1845
- Brown v. FosterSupreme Court of Alabama · 1842
3Cited by3 opinions
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
- Johnson & Co. v. SpaightSupreme Court of Alabama · 1848
- Nesbitt v. WareSupreme Court of Alabama · 1857