Ely v. Blacker
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. John R. Tyson. These two cases were identically the same with the exception of the names of the plaintiffs and the amounts of the judgment of each plaintiff; involved the same questions of law; and were, therefore, submitted together on the present appeal. What is said in the following statement of facts applies to the facts in each of the cases.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. John R. Tyson. These two cases were identically the same with the exception of the names of the plaintiffs and the amounts of the judgment of each plaintiff; involved the same questions of law; and were, therefore, submitted together on the present appeal. What is said in the following statement of facts applies to the facts in each of the cases. Plaintiffs recovered a judgment in the circuit court of Marengo county, against one Sol Elkan, and sued out a writ of garnishment thereon, which was served upon M. Ely on July 8, 1893.…
1Opinion of the CourtMcCLELLAN, J.
It was upon the defendant, Elkan, to affirmatively show by his claim of exemptions that the debt of the garnishee to him was exempt from subjection to plaintiff’s judgment, so that upon a mere denial of the claim — an averment that the claim is invalid entirely — by the plaintiffs all material issues would be presented. And a claim which may or may -not be good accordingly as some issue not presented by it is determined one way or the other — a claim which is good, abstractly speaking, against a debt contracted at one time but which is not good against a debt contracted at another time, and…
2Cases cited5 opinions
- Archer v. People's Savings BankSupreme Court of Alabama · 1889
- Randolph v. LittleSupreme Court of Alabama · 1878
- Security Loan Ass'n v. WeemsSupreme Court of Alabama · 1881
- Gray v. Perry Hardware Co.Supreme Court of Alabama · 1895
- Young v. HubbardSupreme Court of Alabama · 1893
3Cited by10 opinions
- Packard Motors Co. v. TallySupreme Court of Alabama · 1925
- Goldsby v. StewartDistrict Court, S.D. Alabama · 1983
- Alexander v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1921
- First Nat. Bank of Brantley v. Standard Chemical Co.Supreme Court of Alabama · 1932
- In Re BrowningUnited States Bankruptcy Court, S.D. Alabama · 1981
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