Brazier & Co. v. King
Supreme Court of Alabama
Error to the County Court of Lowndes. Tried before the Hon. E. H. Cook, Judge. The plaintiff in error sued out a summons of garnishment against the defendant in error as the debtor of one Boling Smith. The defendant answered, denying any individual indebtedness, and submitted a statement of facts for the judgment of the court.
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Error to the County Court of Lowndes. Tried before the Hon. E. H. Cook, Judge. The plaintiff in error sued out a summons of garnishment against the defendant in error as the debtor of one Boling Smith. The defendant answered, denying any individual indebtedness, and submitted a statement of facts for the judgment of the court. From this statement it appears, that Smith was the executor of his deceased father, Jeremiah Smith, and a distributee of his estate, of which the defendant is now the administrator de bonis non, and which is still unsettled, and that in a settlement of the…
1Opinion of the CourtChilton, J.
Waiving the consideration of the question whether the plaintiff in error was in any event entitled to a judgment upon his garnishment without having first afforded John Steele, to whom the garnishee answers be was informed the interest of Boling Smith had been transfered, an opportunity of contesting, we will proceed to the investigation of the charge of the court which was excepted to, and which was, that if the jury believed the evidence, no such indebtedness from the garnishee to Boling Smith was shown as was the subject of garnishment at the suit of Smith’s creditors.
In Mock v. King, 15…
2Cases cited3 opinions
- King v. SmithSupreme Court of Alabama · 1849
- Jones v. JemisonSupreme Court of Alabama · 1843
- Mock v. KingSupreme Court of Alabama · 1848
3Cited by1 opinion
- Reaves v. Garrett's Adm'rSupreme Court of Alabama · 1859