Harrison v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. The apellant, George E. Harrison, brought suit against John Pugh, to recover an amount due upon a note. An ancillary writ of garnishment was sued out, and was served upon the Louisville & Nashville Railroad Company. In answer to the writ, the garnishee admitted an indebtedness of $4.29 to the defendant. The plaintiff instituted a contest of this answer.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. The apellant, George E. Harrison, brought suit against John Pugh, to recover an amount due upon a note. An ancillary writ of garnishment was sued out, and was served upon the Louisville & Nashville Railroad Company. In answer to the writ, the garnishee admitted an indebtedness of $4.29 to the defendant. The plaintiff instituted a contest of this answer. The facts disclosed thereon are sufficiently stated in the opinion. Upon the hearing of the contest the court, trying the case without a jury, rendered judgment in…
1Opinion of the CourtBrickell, C. J.
In a contest of the answer of a garnishee, admitting an indebtedness of $4.29, it appeared from an agreed statement of facts and other testimony in the case, that at the time of the service of the writ, May 28, 1895, the defendant was in the employ of' the garnishee, the Louisville & Nashville Railroad Co., as a switchman, and continued in its service until June 30, 1895, earning during that period the sum of $29.29, which Avas payable on the 14th of the next month. On June 30, 1895, while still in the employ of garnishee, the defendant bought from the Birmingham Mercantile Co. goods to the…
2Cases cited1 opinion
- Wellborn v. BuckSupreme Court of Alabama · 1896
3Cited by4 opinions
- American Trust & Savings Bank v. O'BarrAlabama Court of Appeals · 1914
- Canterbury & Gilder v. Marengo Abstract Co.Supreme Court of Alabama · 1910
- Park-Robertson Hardware Co. v. CopelandAlabama Court of Appeals · 1914
- Southern Wesco Supply Co. v. HammondAlabama Court of Appeals · 1914