Birmingham Loan & Auction Co. v. First National Bank
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before Hon. W. M. Wilkerson. ■ Plaintiff obtained a judgment against one A. Goetter for $100 in a justice of the peace court. On this judgment the plaintiff sued out a writ of garnishment, in which the Birmingham Loan & Auction Company, was named as garnishee.
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Appeal from Birmingham City Court. Tried before Hon. W. M. Wilkerson. ■ Plaintiff obtained a judgment against one A. Goetter for $100 in a justice of the peace court. On this judgment the plaintiff sued out a writ of garnishment, in which the Birmingham Loan & Auction Company, was named as garnishee. The answer of the garnishee, as reduced to writing by the justice of the peace before whom the answer was made, recited that the Birmingham Loan & Auction Company appeared by its manager, S. Kaufman, who, being duly sworn, denied any indebtedness to Goetter. The plaintiff. contested this answer,…
1Opinion of the CourtHaralson, J.
1. An amicus curice, in practice, is one who, as a stander by, when a judge is doubtful or mistaken in a matter of law, may inform the court. Bouv. Dic. “He *251is heard only by leave and for the assistance of the court, upon a case already before it. He has no control over the suit and no right to institute proceedings thereon, or to bring the case from one court to another by appeal or writ of error.—Martin v. Tapley, 119 Mass. 115; Lawson’s Rights & Remedies, p. and sec. 150.
2. The attorney for the garnishee, as amicus curias, moved to dismiss the suit, on the ground that it was a fictitious…
2Cases cited11 opinions
- Seymour & Sons v. Thomas Harrow Co.Supreme Court of Alabama · 1886
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
- Clark v. Jones & BrotherSupreme Court of Alabama · 1888
- Ortez v. Jewett & Co.Supreme Court of Alabama · 1853
- Taylor v. RobinsonSupreme Court of Alabama · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Thomas v. StateSupreme Court of Alabama · 1907
- In Re PerryIndiana Court of Appeals · 1925
- First National Bank v. LelandSupreme Court of Alabama · 1898
- McClellan v. StateSouth Dakota Supreme Court · 1911
- Thomas v. ThomasSupreme Court of Alabama · 1945
11 more not listed; retrieve them via the Exa API.