Lehman, Durr & Co. v. Warner
Supreme Court of Alabama
APPEAL from Montgomery City Court. Tried before Hon. John A. MlNNIS. This was a garnishment sued out by the appellee, Mrs. Margaret Warner, against the appellants, Lehman, Durr & Co., as stockholders of “The Alabama-Savings Bank of Montgomery,” against which the appellee, in the name of Margaret Warren, had, at the July term, 1875, of the City Court of Montgomery, recovered judgment, on which execution had been duly returned, “no property.”
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APPEAL from Montgomery City Court. Tried before Hon. John A. MlNNIS. This was a garnishment sued out by the appellee, Mrs. Margaret Warner, against the appellants, Lehman, Durr & Co., as stockholders of “The Alabama-Savings Bank of Montgomery,” against which the appellee, in the name of Margaret Warren, had, at the July term, 1875, of the City Court of Montgomery, recovered judgment, on which execution had been duly returned, “no property.” The affidavit made for garnishment commences as follows: “ State of Alabama, Montgomery county. Personally ap-. peared before, E. H. Metcalf, clerk of the…
1Opinion of the CourtBrickell, C. J.
1. A garnishee can not take advantage of mere irregularities or defects rendering the judgment voidable at the election of the defendant, if within the time, and in the mode which the law prescribes, he pursues proper remedies to avoid it. If the judgment is not void, the garnishee will be protected from any further demand of the defendant if judgment is l'endered against him. There are irregularities in the commencement and prosecution of suits at law, which are available to the party who may be injured by them, only by pleas or objections interposed at particular stages of the suit; and…
2Cases cited6 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Eaton v. . AspinwallNew York Court of Appeals · 1859
- City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.Supreme Court of Alabama · 1857
- Selma & Tennessee Rail Road v. TiptonSupreme Court of Alabama · 1843
- Marion Savings Bank v. DunkinSupreme Court of Alabama · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Snider's Sons' Co. v. TroySupreme Court of Alabama · 1890
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Miller v. Insurance CompanyTennessee Supreme Court · 1893
- Sherwood v. AlvisSupreme Court of Alabama · 1887
- Randle v. Winona Coal Co.Supreme Court of Alabama · 1921
12 more not listed; retrieve them via the Exa API.