Robinson v. Starr
Supreme Court of Alabama
Robinson and Davenport sued out an original attachment in Tuscaloosa Circuit Court against Daniel Stow, trading utider the style of Stow, Ellis & Co., he being a non-resident debtor. The attachment was returnable to the fall term 1827, of the Court. The debt was levied in the hands of George Starr, who was summoned to appear and answer as a garnishee to declare how much he was indebted to Stow, the defendant in the attachment.
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Robinson and Davenport sued out an original attachment in Tuscaloosa Circuit Court against Daniel Stow, trading utider the style of Stow, Ellis & Co., he being a non-resident debtor. The attachment was returnable to the fall term 1827, of the Court. The debt was levied in the hands of George Starr, who was summoned to appear and answer as a garnishee to declare how much he was indebted to Stow, the defendant in the attachment. At the return term of the attachment, the plaintiffs filed their declaration againt Stow, and the Court made an order directing publication to be made for six months,…
1Opinion of the Court
By JUDGE SAFFOLD.
It is assigned for error that the Circuit Court ordered a dismissal of the garnishment against Starr, on the ground that the judgment nisi should have been taken against the garnishee at the first term. This was what is called a foreign attachment, in which all proceedings were directed to be stayed six months, and notice to be given to the defendant in the attachment, in the manner prescribed by statute. The same was accord*94ingly ordered by the Circuit Court. But the objection is a judgment nisi was not taken against the garnishee a£ the return term, but at the second term,…
2Cited by4 opinions
- Steiner Bros. v. First National BankSupreme Court of Alabama · 1896
- Travis v. TarttSupreme Court of Alabama · 1845
- Garrett v. Mills.Supreme Court of Alabama · 1907
- Grates v. CooperSupreme Court of Alabama · 1845