Legal Opinion

Fruitticher v. Ebersole

Alabama Court of Appeals

Decided February 5, 1914PublishedCited by 1 opinion

Appeal from Birmingham City Court. Heard.before Hon. C. C. Nesmith. C. D. Ebersole had judgment against the Standard Grocery Company and garnishment thereon against W. H. Fruitticher. From a judgment against garnishee for failure to answer, he appeals.

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Appeal from Birmingham City Court. Heard.before Hon. C. C. Nesmith. C. D. Ebersole had judgment against the Standard Grocery Company and garnishment thereon against W. H. Fruitticher. From a judgment against garnishee for failure to answer, he appeals. It is error to render a conditional judgment against garnishee wlio has a written answer on file.— Sun I. Go. v. Doster-Northington Drug Go., 164 Ala. 572. The court erred in rendering the final judgment against garnishee in the absence of a contest of his written answer on file. — Goocle v. Holcomb, 37 Ala. 94; Sun I. Go. v. Doster-N or…

1Opinion of the CourtPelham, J.

The transcript shows a writ of garnishment duly and regularly issued out of the city court of Birmingham and directed to the appellant and others, at the instance of the appellee, on a judgment against the Standard Grocery Company and in favor of the appellee, on the 12th day of July, 1910. Set out in the transcript, also, is an answer made by the appellant, filed on August 8, 1910, in the usual form, denying indebtedness to the defendant in judgment, the Standard Grocery Company. The judgment in the record entry shows a conditional judgment to have been *413rendered against the appellant, as…

2Cases cited2 opinions

  1. Decatur, Chesapeake & New Orleans Railway Co. v. CrassSupreme Court of Alabama · 1892
  2. Sun Insurance v. Doster-Northington Drug Co.Supreme Court of Alabama · 1909

3Cited by1 opinion

  1. Sovereign Camp, W. O. W. v. GayAlabama Court of Appeals · 1924

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