Rayford v. Faulk
Supreme Court of Alabama
Arread from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by George W. Faulk against Addie M. Ray-ford, with writ of garnishment in aid of suit to the Equitable Life Assurance Society of the United States. From a judgment, denying a motion to discharge the garnishment and the garnishee, defendant appeals.
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Arread from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by George W. Faulk against Addie M. Ray-ford, with writ of garnishment in aid of suit to the Equitable Life Assurance Society of the United States. From a judgment, denying a motion to discharge the garnishment and the garnishee, defendant appeals. Defendant, Addie M. Rayford, moved the court to dismiss the garnishment issued in this cause and lo discharge the garnishee upon the following grounds: “ (1) That the money due by the said garnishee is by the statute laws of the state of Alabama exempt from all creditors…
1Opinion of the CourtDowdell, J.
The appeal in this case is prosecuted from the judgment of the circuit court overruling and denying a motion made by the defendant, the appellant here, to discharge the garnishment on the ground that the fund garnished is under the statute exempt from the claims of creditors. The first question presented is whether or not an appeal will lie from such a judgment. The .judgment is on an issue collateral to the main suit, and ordinarily an appeal in such cases would not lie. But under Code 1896, §§ 2204, 2205, we think the right of appeal exists. The judgment in its nature, upon the particular…
2Cases cited1 opinion
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
3Cited by9 opinions
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- Chandler v. TraubSupreme Court of Alabama · 1909
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