Henry v. McNamara
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before Hon. W. S. Anderson. John Henry sued John A. Kaune in justice court and garnisheed J. T. McNamara. On contest of answer judgment was rendered against the garnishee. He appealed to tlie circuit court. His answer of no indebtedness was there contested, and the issue found in his favor.
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Appeal from Mobile Circuit Court. Tried before Hon. W. S. Anderson. John Henry sued John A. Kaune in justice court and garnisheed J. T. McNamara. On contest of answer judgment was rendered against the garnishee. He appealed to tlie circuit court. His answer of no indebtedness was there contested, and the issue found in his favor. The evidence showed that the defendant Avas employed by the garnishee as a bartender at the rate of $40.00 per month, but it Avas an employment from day to day and not for any specified time; that the defendant was paid every day, and Avas frequently overpaid; and…
1Opinion of the CourtSharpe, J.
— The immature claims of indebtedness accruing to a defendant ’which may be subjected to garnishment, are those which spring from contracts in existence when the lien of the garnishment process attaches. Code, § 2175. An indebtedness contingent upon the making of a new contract, or the renewal of an existing one, is not within the terms or meaning of the statute. To create the liability the contract must be such as that the duty of payment is already fixed, or is fixed to result from its performance. A contract of employment which by its terms makes its continuance at all times dependent upon…
2Cases cited1 opinion
- Archer v. People's Savings BankSupreme Court of Alabama · 1889
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