Matthews, Finley & Co. v. Sands & Co.
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. MoKiNSTRT. This action was commenced by original attachment, issued by the clerk of the city court of Mobile, iu the name of Sands & Co. against Stone & Walworth.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. MoKiNSTRT. This action was commenced by original attachment, issued by the clerk of the city court of Mobile, iu the name of Sands & Co. against Stone & Walworth. Alexander Auld was summoned as garnishee, and filed a written answer, stating that the fund in his hands was claimed by St. John, Powers & Co., as agent of Matthews, Einley & Co., wbo afterwards appeared, and contested the plaintiffs' right to the fund. At the February term, 1855, on motion of said Matthews, Finley & Co., a judgment was rendered discharging the…
1Opinion of the CourtEioe, C. J.
The attachment is the leading process in the present proceedings. The garnishment and contest are merely consequential to the suit commenced by that process.
There has been no appearance, or plea, or waiver by the defendants in attachment. The attachment is the only foundation for the jurisdiction of the city court; and if it is void on its face, the garnishment is also void, and that court had no jurisdiction, and the plaintiffs no right to or lien upon the debt claimed by the contestants. — Edwards v. Wickliffe, 7 Ala. R. 715; Dew v. The State Bank, 9 Ala. E. 323; Brooks *138v. Godwin, 8 ib.…
2Cases cited5 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Ex parte GistSupreme Court of Alabama · 1855
- Gelston v. CodwiseNew York Court of Chancery · 1814
- Sands & Co. v. Matthews, Finley & Co.Supreme Court of Alabama · 1855
- Wragg v. Branch Bank of Alabama at MobileSupreme Court of Alabama · 1838
3Cited by25 opinions
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Board of Education of Marshall County v. BaughSupreme Court of Alabama · 1941
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- Ex parte HarrisSupreme Court of Alabama · 1875
- Sloss-Sheffield Steel & Iron Co. v. SmithSupreme Court of Alabama · 1911
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