Locket v. Child
Supreme Court of Alabama
Writ of Error to the County Court of Perry. Garnishee suit by Child as the judgment creditor of William and Frederick Hartley against Locket. The affidavit asserts that Locket is indebted to William Hartley and Frederick Hartley. The answer of the garnishee asserts that he does not consider himself indebted to William Hartley, and proceeds with the statement of the transaction by reason of which the indebtedness is alledged on the other hand.
Read the full summary
Writ of Error to the County Court of Perry. Garnishee suit by Child as the judgment creditor of William and Frederick Hartley against Locket. The affidavit asserts that Locket is indebted to William Hartley and Frederick Hartley. The answer of the garnishee asserts that he does not consider himself indebted to William Hartley, and proceeds with the statement of the transaction by reason of which the indebtedness is alledged on the other hand. The plaintiff filed the contestatory affidavit, that he believed the answer was incorrect, and thereupon the court ordered an issue to try whether the…
1Opinion of the CourtGoldthwaite, J.
1. The garnishee insists that he is called on to answer only what he is indebted to the defendants jointly, and that it was irregular for the court to compel him to join issue on his indebtedness to one of them only, and that no judgment can be rendered on the verdict ascertaining such indebtedness. No authority has been cited to sustain this position, and we are constrained to think it untenable. There is no question that an execution on a joint judgment binds the separate goods of each defendant, and there seems no good reason why garnishee process should *643not reach the separate debts in a…
2Cases cited1 opinion
- Ex'rs of Tillinghast v. JohnsonSupreme Court of Alabama · 1843
3Cited by3 opinions
- Missouri State Life Ins. Co. v. Robertson Banking Co.Supreme Court of Alabama · 1931
- Pearce & Co. v. Shorter & BrotherSupreme Court of Alabama · 1874
- Lewis v. WoodSupreme Court of Alabama · 1868