McGehee v. Walke
Supreme Court of Alabama
Error to the Circuit Court of Perry. Before the Hon. J. D. Phelan. The facts in this case are fully stated in the opinion of the court. 1. When this case was before in this court, it was held that a demand against a garnishee could be subjected to process of attachment only where a debt actually existed — that it must be such a demand as would enable the creditor himself to maintain either debt or indebitatus assumpsit. 11 Ala.
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Error to the Circuit Court of Perry. Before the Hon. J. D. Phelan. The facts in this case are fully stated in the opinion of the court. 1. When this case was before in this court, it was held that a demand against a garnishee could be subjected to process of attachment only where a debt actually existed — that it must be such a demand as would enable the creditor himself to maintain either debt or indebitatus assumpsit. 11 Ala. Rep. 276. 2. The agreement between the plaintiff in error and Falls was an entire thing, and by it Falls was entitled to half the rent of the land, or he was entitled…
1Opinion of the CourtChilton, J.
The plaintiff in error was summoned as a garnishee, to answer what he was indebted to John Falls, against whom the defendant in error had sued out an attachment in the circuit court of Perry. He answered the garnishment, denying an indebtedness, and the same being controverted upon the oath of the opposing party, an issue was made up between the plaintiff in the attachment and the garnishee under the' statute, and was tried by a jury. The jury found against the garnishee, and a judgment upon their verdict was rendered against him for the sum of $157 25. To reverse which, the case is brought…
2Cases cited4 opinions
- Givhan v. Dailey's Admr'xSupreme Court of Alabama · 1842
- Walke v. McGeheeSupreme Court of Alabama · 1847
- Martin v. EverettSupreme Court of Alabama · 1847
- Pettigrew v. BishopSupreme Court of Alabama · 1842
3Cited by3 opinions
- United States v. StoneUnited States Circuit Court · 1881
- Harrell v. WhitmanSupreme Court of Alabama · 1851
- Cook v. WalthallSupreme Court of Alabama · 1852