Legal Opinion

Skewes v. Tennessee Coal, Iron & Railroad

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 6 opinions

Appear from Jefferson Circuit Court. Tried before Hon.' James J. Banks. C. C. Skewes recovered judgment in justice court against W. H. Harney, and on the judgment sued out process of garnishment against the Tennessee Coal, Iron & Railroad Co. The garnishee answered no indebtedness, and the answer was contested. Judgment Avent against the garnishee and the case Avas taken to circuit court on appeal.

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Appear from Jefferson Circuit Court. Tried before Hon.' James J. Banks. C. C. Skewes recovered judgment in justice court against W. H. Harney, and on the judgment sued out process of garnishment against the Tennessee Coal, Iron & Railroad Co. The garnishee answered no indebtedness, and the answer was contested. Judgment Avent against the garnishee and the case Avas taken to circuit court on appeal. On contest of ansAver in that court it appeared that Harney Avas an employe of the city of Bessemer under contract embraced in the folloA ing resolutions of the Board of Mayor and Aldermen;…

1Opinion of the CourtDowdell, J.

— It is evident from the facts in this case that the fund sought to be reached by the garnishment procedings arose under a contract made by the municipal authorities of the city of Bessemer with IV. II. Harney, the defendant debtor. The subject matter of this contract with Harney related to sanitary serA'ices to be performed by him for the benefit of the city of Bessemer. Sanitary regulations for the preservation of the health of the people are as vital and important to the good government and Avell being of its citizenship in the administration of the affairs of the municipal corporation as…

2Cases cited3 opinions

  1. Mayor of Mobile v. Rowland & Co.Supreme Court of Alabama · 1855
  2. Pruitt v. ArmstrongSupreme Court of Alabama · 1876
  3. Murphree v. City of MobileSupreme Court of Alabama · 1895

3Cited by6 opinions

  1. Gerald v. WalkerSupreme Court of Alabama · 1918
  2. Shepherd v. JonesSupreme Court of Alabama · 1934
  3. Jaffe v. McAdorySupreme Court of Alabama · 1918
  4. Kenan v. MoonSupreme Court of Alabama · 1930
  5. Bonds Bros. v. Anniston City National BankSupreme Court of Alabama · 1916

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