Johnson & Co. v. Spaight
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. Ashley W. Spaight was summoned as a garnishee by the plaintiffs in error, to answer whether he was not indebted to James George, against whom the plaintiffs had an unsatisfied judgment. The garnishee appeared, and answered to special interrogatories. He denied that he was indebted to James George, but that George was indebted to him.
Read the full summary
Writ of Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. Ashley W. Spaight was summoned as a garnishee by the plaintiffs in error, to answer whether he was not indebted to James George, against whom the plaintiffs had an unsatisfied judgment. The garnishee appeared, and answered to special interrogatories. He denied that he was indebted to James George, but that George was indebted to him. He admitted that he acted as trustee for his mother, the wife of George, in the management of the Shelby springs, which he says were given to Mrs. G. by her sister and brother-in-law, for…
1Opinion of the CourtCollier, C. J.
The garnishee expressly denies that he is indebted to the defendant in the judgment, or that he has any of his effects in his hands, and declares that upon a settlement, the defendant would be found to be his debtor. It is however insisted, that the facts stated disprove the denial, and this is the question we are called on to consider. Our own decisions furnish tests for the solution of this inquiry, and we will briefly notice them.
The answer of a garnishee must be taken as strictly true, unless it is traversed in the manner provided by the statute. 2 Stew. Rep. 86; 2 Port. Rep. 546 ; 2 Ala.…
2Cases cited13 opinions
- Lee v. MathewsSupreme Court of Alabama · 1846
- Andrews & Bros. v. JonesSupreme Court of Alabama · 1846
- Robinson v. RapelyeSupreme Court of Alabama · 1829
- Travis v. TarttSupreme Court of Alabama · 1845
- Boyett v. KerrSupreme Court of Alabama · 1844
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Claussen v. La FranzSupreme Court of Iowa · 1855
- McAfee v. Arnold & MathisSupreme Court of Alabama · 1908
- Cadick Milling Co. v. Dothan Bank & Trust Co.Supreme Court of Alabama · 1941
- Shepherd Motor Co. v. Henderson Land & Lumber Co.Supreme Court of Alabama · 1925
- Richardson v. HopkinsSupreme Court of Alabama · 1928