Sanders v. Fisher
Supreme Court of Alabama
Error to the Chancery Court of Perry. The bill was filed by the plaintiff in error, and alledges that some time in the year 1838, one L ton Sanders sued out an attachment against James Fisher, who had been a citizen of Perry county, but had left the State, and summoned him as garnishee.
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Error to the Chancery Court of Perry. The bill was filed by the plaintiff in error, and alledges that some time in the year 1838, one L ton Sanders sued out an attachment against James Fisher, who had been a citizen of Perry county, but had left the State, and summoned him as garnishee. That he appeared and answered, that he was indebted to Fisher in the sum of $612 50, for which sum, besides costs, a judgment was rendered against him at the-February term, 1839, of said court. That shortly after the judgment was rendered against him, he paid the amount in full to L ton Sanders, but •…
1Opinion of the CourtOrmond, J.
The case made by the bill, entitles the party to the relief he seeks, if he has not forfeited the right by his negligence in not making his defence at law, when again sued for the debt, which as garnishee he had paid.
The only excuse made for not defending the case at law is, that he omitted to inform his attorneys that the suit was for the use of Esther Phelps, and that “ therefore a second judgment was rendered against your orator for the same note.” There is no allegation that he informed his attorneys what his defence was to the note, or that he had any defence whatever to make. It is to…
2Cited by3 opinions
- Allman v. OwenSupreme Court of Alabama · 1857
- Pearce v. Winter Iron-WorksSupreme Court of Alabama · 1858
- Nation v. NationSupreme Court of Alabama · 1921