Pounds v. Hamner
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. "VYm. S. Mudd. This was a suit brought by Bobert Hamner, appellee, against Baleigh Pounds and Charles'Smallwood, appellants, for an alleged breach of a garnishment bond made by appellants — said Pounds having sued out a garnishment against one Simpson & Freeman, in a suit commenced by summons and complaint in the Circuit Court of Tuskaloosa county by said Pounds, against Wm. T. Hamner and Bobert Hamner.
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. "VYm. S. Mudd. This was a suit brought by Bobert Hamner, appellee, against Baleigh Pounds and Charles'Smallwood, appellants, for an alleged breach of a garnishment bond made by appellants — said Pounds having sued out a garnishment against one Simpson & Freeman, in a suit commenced by summons and complaint in the Circuit Court of Tuskaloosa county by said Pounds, against Wm. T. Hamner and Bobert Hamner. Several demurrers were filed by defendant, but the ruling of the court thereon is nowhere set out in the record. The…
1Opinion of the Court
STONE J.
The ruling of the Circuit Court on the demurrers is nowhere shown in the record in this cause; and if such rulings were had, we can not know what they were. Hence, we can not consider any questions which the demurrers are supposed to raise.—Petty v. Dill, in manuscript.
The present suit is on a bond given to sue out garnishment *345in aid of a suit by summons and complaint, then pending, under section 2892 of the Be vised Code. In Barber v. Ferrill, at the present term, we said such writ of garnishment as this “ has the properties of an ancillary attachment ;” that it (the writ) is only…
2Cases cited7 opinions
- Seay v. GreenwoodSupreme Court of Alabama · 1852
- Lockhart v. WoodsSupreme Court of Alabama · 1863
- Sharpe v. HunterSupreme Court of Alabama · 1849
- Floyd v. HamiltonSupreme Court of Alabama · 1858
- Stubblefield v. HagertySupreme Court of Alabama · 1840
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3Cited by15 opinions
- Bolling v. TateSupreme Court of Alabama · 1880
- Flournoy & Epping v. Lyon & Co.Supreme Court of Alabama · 1881
- Copeland & Brantley v. CunninghamSupreme Court of Alabama · 1879
- Wells Co. v. LaneSupreme Court of Alabama · 1927
- Dishman v. GriffisSupreme Court of Alabama · 1916
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