Sharpe v. Wharton
Supreme Court of Alabama
Appeal from tbe Circuit Court of Etowab. Tried before tbe Hon. JOHN B. Tally. Tbe appellant in tbis case, C. F. Sbarpe, applied by petition addressed to tbe presiding judge of tbe circuit, for a supersedeas of an execution for costs, wbicb bad been issued on a judgment of tbe Circuit Court, rendered against him and others, on tbe 5th March, 1884, in favor of B. B. Wharton.
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Appeal from tbe Circuit Court of Etowab. Tried before tbe Hon. JOHN B. Tally. Tbe appellant in tbis case, C. F. Sbarpe, applied by petition addressed to tbe presiding judge of tbe circuit, for a supersedeas of an execution for costs, wbicb bad been issued on a judgment of tbe Circuit Court, rendered against him and others, on tbe 5th March, 1884, in favor of B. B. Wharton. Tbe petition alleged, as ground of relief, that one Wesson was a witness in said cause in tbe Circuit Court, bis fees amounting to $33.90; that on tbe 13th September, 1886, a garnishment was issued by a justice of tbe peace…
1Opinion of the Court
SOMEBVILLE, J.-
1. Tbe statute provides, that no demand or debt in any court of record can be attached under *226an attachment,' or other process, issued by, and returnable before a justice of the peace. — Code, 1886, § 3338; Code, 1876, § 3686. The Circuit Court in this State is a court of record, and the debt here sought to be attached by process of garnishment had been reduced to judgment in that court. The justice was forbidden by the statute to subject it to the debt in this mode; and for this reason the petition for supersedeas, in which the appellant, Sharpe, sought to obtain the benefit of…
2Cases cited1 opinion
- Cook v. FieldSupreme Court of Alabama · 1841
3Cited by2 opinions
- American Mortgage Co. v. InzerSupreme Court of Alabama · 1893
- Lewis v. RobertsonSupreme Court of Alabama · 1893