Leigh v. Smith
Supreme Court of Alabama
Weit of Error to the Circuit Court of Lawrence. Dn the fifth of September, 1836, the defendant in error, caused an attachment to be issued against the estate of Achilles Barnett, returnable to the circuit court of Lawrence, which was levied in the hands of the plaintiff in error, by summoning him as a garnishee.
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Weit of Error to the Circuit Court of Lawrence. Dn the fifth of September, 1836, the defendant in error, caused an attachment to be issued against the estate of Achilles Barnett, returnable to the circuit court of Lawrence, which was levied in the hands of the plaintiff in error, by summoning him as a garnishee. On the 19th of the same month, the garnishee appeared in open court, and answered on oath,«that he holds in his hands the sum of two thousand and eighty dollars in cash, belonging to the defendant.” The defendant in attachment appeared and pleaded, and at the term of the circuit court…
1Opinion of the Court
COLLIER, C. J.-
-The act of 1833, which was a substitute for all pre-existing laws on the subject, requires that a person summoned as a garnishee, shall appear at court within the first four days of the term, and answer on oath, what he is indebted to the defendant, &c. Upon this answer, the court is authorised to enter judgment against the garnishee for all sums acknowledged to bedue, &c.
Although the statute makes it lawful to render judgment upon the appearance and examination of the garnishee, yet it has been decided, that this cannot be done until a judgment is rendered against the…
2Cited by7 opinions
- Bostwick v. BeachSupreme Court of Alabama · 1850
- Price v. ThomasonSupreme Court of Alabama · 1847
- Smith v. JacksonSupreme Court of Alabama · 1876
- Dudley v. FalknerSupreme Court of Alabama · 1873
- Wicks v. Branch Bank at MobileSupreme Court of Alabama · 1847
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