Ex parte Opdyke
Supreme Court of Alabama
This was a motion for a mandamus directed to the Circuit Court of Henry county, compelling that court to render judgment in a certain cause pending therein.
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This was a motion for a mandamus directed to the Circuit Court of Henry county, compelling that court to render judgment in a certain cause pending therein. The facts may be stated as follows : At the SpriDg term, 1876, of Henry Circuit Court, Opdyke, Terry & Steele recovered a judgment against one Henry "Wechsler, and soon after garnishment on said judgment was issued against M. W. Kelly & Bro., and at the Fall term, 1876, they answered, admitting an indebtedness, evidenced by two promissory notes, and disclosing that one of these notes was claimed by one A. Cohen, a citizen of New York, and…
1Opinion of the CourtBrickell, C. J.
-When a garnishee by his answer, or after answer and before judgment thereon, alleges that he has been notified a third person claims the debt owing by him, or the property in his possession, which it is sought to reach by the garnishment, it is the duty of the court to suspend proceedings, and cause a notice to issue to such third person to come in at the next term of the court and contest with the plaintiff the right to the debt or property. — Code of 1876, § 3301. On the appearance of such claimant he must, in writing and under oath, propound his claim, and an issue of law or fact must be…
2Cases cited5 opinions
- Grates v. CooperSupreme Court of Alabama · 1845
- Camp v. HatterSupreme Court of Alabama · 1847
- Lockhart v. JohnsonSupreme Court of Alabama · 1846
- Marston v. CarrSupreme Court of Alabama · 1849
- Evans v. NormanSupreme Court of Alabama · 1848
3Cited by5 opinions
- Donald Bros. & Co. v. NelsonSupreme Court of Alabama · 1891
- Lindsay v. MorrisSupreme Court of Alabama · 1892
- Cross v. SpillmanSupreme Court of Alabama · 1890
- Blackman & Co. v. CollierAlabama Court of Appeals · 1915
- Bloch Bros. v. Liverpool London Globe Ins. Co.Supreme Court of Alabama · 1922