Buford v. Welborn
Supreme Court of Alabama
Whit of error to the Circuit Court of Barbour county. This is a proceeding by Buford, against Welborn, wh'o was summoned as a garnishee to answer what he was indebted to Seth Lore and Edward Sheppard or either of them.
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Whit of error to the Circuit Court of Barbour county. This is a proceeding by Buford, against Welborn, wh'o was summoned as a garnishee to answer what he was indebted to Seth Lore and Edward Sheppard or either of them. The garnishee Appeared and answered, that at the service of the garnishment, he owed Edmund Sheppard $434 50, by a judgment for that sum, recovered in said court; but that he had been-notified that the judgment had been transferred by Sheppard to his son William P.; besides which, the garnishee was liable to pay a large amount of money for Edmund Sheppard, and that he could…
1Opinion of the CourtGoldthwaite, J.
1. We think it entirely competent for a court to permit a garnishee to amend his answer whenever the justice of the case requires it. The permission to do so, is the exercise of a discretionary power, which is not the subject of review on error. In the present case, however, its exercise was quite proper, because the judgment admitted as the indebtedness by the former answer, had been reversed, and therefore, it became essential to the rights of the garnishee, to ascertain whether there was any debt due from him to the debtor, subject to attachment.
2. On the subject of garnishee’s answers,…
2Cases cited1 opinion
- Fortune v. State BankSupreme Court of Alabama · 1842
3Cited by1 opinion
- Roman v. BaldwinSupreme Court of Alabama · 1898