Price v. Mazange & Co.
Supreme Court of Alabama
Appeal fro.ru the City Court of Mobile. Tried before the Hon. Ales. McKlNStey. The appellees in this- case, having obtained two judgments against Charles H. Bostwick, at the November term, 1854, of said city court, amounting together to nearly $600, caused a garnishment to be thereon issued and served on Caleb Price, as the debtor of said Bostwick. The garnishee appeared, in answer to the summons, filed a written answer, and afterwards answered orally in open court.
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Appeal fro.ru the City Court of Mobile. Tried before the Hon. Ales. McKlNStey. The appellees in this- case, having obtained two judgments against Charles H. Bostwick, at the November term, 1854, of said city court, amounting together to nearly $600, caused a garnishment to be thereon issued and served on Caleb Price, as the debtor of said Bostwick. The garnishee appeared, in answer to the summons, filed a written answer, and afterwards answered orally in open court. The substance of these answers was, that Bost-wick, on the 20th July, 1854, being indebted to him in the sum of $6,407 96, by…
1Opinion of the CourtStone, J.
— In Prentice v. McClanahan & Johnson, at June term, 1856, we considered and construed section 2291 of the Code. That was a case where a garnishee had answered to an indebtedness, but further answered that he had received notice that the note which evidenced his indebtedness had been transferred. An issue was made up under the statute, contesting the right to the note and its proceeds ; and on the trial, the transferrees offered the defendant in execution as a witness. We held, that he was competent; overruling Scott, Slough & Co. v. Stallworth, 12 Ala. 25, and Marston v. Carr, 16 Ala. 825.…
2Cases cited14 opinions
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Cook v. ParhamSupreme Court of Alabama · 1853
- Kavanaugh v. ThompsonSupreme Court of Alabama · 1849
- Ward v. HerndonSupreme Court of Alabama · 1837
- Lawson v. OrearSupreme Court of Alabama · 1845
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Lehman Bros. v. Tallassee Manufacturing Co.Supreme Court of Alabama · 1879
- Rapier v. Gulf City Paper Co.Supreme Court of Alabama · 1879
24 more not listed; retrieve them via the Exa API.