Jaffe v. Fidelity & Deposit Co.
Alabama Court of Appeals
Assumpsit. Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Ceowe. Action by L. Jaffe against the Alabama Fidelity & Deposit Company on a garnishment, bond. Judgment for defendant and piaintiff appeals. The remedy provided by section 4313, Code 1907, is not exclusive, and a common law action may be maintained on the bond. — Carpenter et al. v. Miller, 2 Ala.
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Assumpsit. Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Ceowe. Action by L. Jaffe against the Alabama Fidelity & Deposit Company on a garnishment, bond. Judgment for defendant and piaintiff appeals. The remedy provided by section 4313, Code 1907, is not exclusive, and a common law action may be maintained on the bond. — Carpenter et al. v. Miller, 2 Ala. App. 373. The judgment was rendered against defendant, but was not rendered against the obligors on the bond as is required by section 4313. The statute is mandatory and excludes all discretion in the court and imposes the…
1Opinion of the CourtThomas, J.
The appellant, Jaffe, brought suit against the Koplin Iron Company, and in aid thereof procured ancillary writs of garnishment to be issued and served upon divers corporations supposed to be indebted to said Koplin Iron Company.
The latter, under the provisions of section 2184 of the Code of 1896, now 4313 of the Code of 1907, executed bond, conditioned in all particulars as therein required for the dissolution of the garnishments, with the appel-lee, the Fidelity & Deposit Company of Maryland, as surety on said bond. The appellant, Jaffe, thereupon proceeded to obtain judgment in the original…
2Cases cited7 opinions
- Masterson v. MatthewsSupreme Court of Alabama · 1877
- Wood v. ComanSupreme Court of Alabama · 1876
- Parks v. State ex rel. OwensSupreme Court of Alabama · 1892
- Munter & Faber v. ReeseSupreme Court of Alabama · 1878
- Woodruff v. StoughSupreme Court of Alabama · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tucker v. Missoula Light & Railway Co.Montana Supreme Court · 1926
- Mays v. District Court ex rel. Butte CountyIdaho Supreme Court · 1921
- First Nat. Bank v. McKeanCourt of Appeals for the Ninth Circuit · 1922
- James v. Kitzenger & Co.Alabama Court of Appeals · 1915
- Santini Fertilizer Co. v. Roldán VelázquezSupreme Court of Puerto Rico · 1936
4 more not listed; retrieve them via the Exa API.