Lockhart v. Johnson
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. The plaintiff in error was summoned as a garnishee, at the instance of the defendant in error, upon an affidavit that he was supposed to have effects of Archer B. W. Hopkins, who was a judgment debtor of the plaintiff below.
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Writ of Error to the Circuit Court of Perry. The plaintiff in error was summoned as a garnishee, at the instance of the defendant in error, upon an affidavit that he was supposed to have effects of Archer B. W. Hopkins, who was a judgment debtor of the plaintiff below. Upon the return of the garnishment, the garnishee filed his answer in writing, denying an indebtedness to Hopkins, and insisting that he had no effects of his, in possession, or' under his control ; that Hopkins, by a deed appended to his, the garnishee’s answer, did convey to him a large amount of real and personal estate, in…
1Opinion of the CourtCollier, C. J.
In Graves v. Cooper, 8 Ala. Rep. 811, it was held to be irregular to permit the defendant, when his debtor is summoned as a garnishee, to contest the answer of the latter, unless this is done at the term of the court when the answer is filed, or unless an order is then made, giving tipie for that purpose. After citing several of our previous adjudications, it is added, “ These decisions fully establish *225that whenever a garnishee submits to answer, or when the shit is not terminated by a judgment against the defendant in attachment, the garnishee continues before the court, for the purpose of…
2Cases cited1 opinion
- Grates v. CooperSupreme Court of Alabama · 1845
3Cited by6 opinions
- Steiner Bros. v. First National BankSupreme Court of Alabama · 1896
- Cross v. SpillmanSupreme Court of Alabama · 1890
- Brake v. Curd Sinton Manufacturing Co.Supreme Court of Alabama · 1893
- Ex parte OpdykeSupreme Court of Alabama · 1878
- Marston v. CarrSupreme Court of Alabama · 1849
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