Zurcher v. Magee
Supreme Court of Alabama
The only entry in this cause, with the exception of the order for an appeal to this Court, is in the following words, viz : “ Charles A. Stewart, who has been summoned as a garnishee in the case of T. Sanford vs. James Zurcher, came into court and was sworn.
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The only entry in this cause, with the exception of the order for an appeal to this Court, is in the following words, viz : “ Charles A. Stewart, who has been summoned as a garnishee in the case of T. Sanford vs. James Zurcher, came into court and was sworn. Upon oath says, that at the date of the garnishment, say the 30th April, 1840, he was indebted to Zurcher one hundred dollars, by judgment obtained in the County Court of Mobile county, at the last term of said Court; and further says, that since that date, he has paid the said sum to the sheriff of Mobile upon an execution in his hands.-…
1Opinion of the CourtCollier, C. J.
— However equitable may be the order of the County Court, directing distribution of the money, which both Sanford and the plaintiff were seeking to recover, we think it cannot be sustained upon principles of law.
As soon as the amount of the plaintiff’s execution against Stewart, was collected by the sheriff, the money was considered as in the custody of the law ; and the plaintiff might, after demand of the sheriff, upon one day’s notice, have moved the County Court for judgment against him, and recovered the amount received. [Aik. Dig., s. 76, p. 174.]
Whether a claim in suit, or which has…
2Cases cited1 opinion
- Beaston v. Farmers' Bank of Del.Supreme Court of the United States · 1838
3Cited by11 opinions
- Ex parte HurnSupreme Court of Alabama · 1890
- Pruitt v. ArmstrongSupreme Court of Alabama · 1876
- Skipper v. FosterSupreme Court of Alabama · 1856
- Dane v. McArthurSupreme Court of Alabama · 1876
- Stratton v. HamIndiana Supreme Court · 1856
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