Marston v. Carr
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. Tun defendant in error made affidavit that William D. Primrose was indebted to him by judgment in the County Court of Mobile, in the sum of $2333, and that execution had issued and been returned no property, &c.; whereupon a summons of garnishment was served on the plaintiff in error, his alleged debtor, returnable to the February term 1846 of said court.— The garnishee at the same term filed his answer,…
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. Tun defendant in error made affidavit that William D. Primrose was indebted to him by judgment in the County Court of Mobile, in the sum of $2333, and that execution had issued and been returned no property, &c.; whereupon a summons of garnishment was served on the plaintiff in error, his alleged debtor, returnable to the February term 1846 of said court.— The garnishee at the same term filed his answer, in which he stated that he made an arrangement with said Primrose, by which, for certain stipulated services, he agreed…
1Opinion of the CourtCollier, C. J.
1. The Act of 1831, which authorises the Judge of a County Court, who is related to “ any of the parties” to a suit pending in his court, to transfer the same to the Circuit Court of the county, we think is a sufficient warrant for the order of transfer in this cause. But if the order was made without a legal warrant, yet as it was acquiesced in, and a trial had in the Circuit Court, the objection of the garnishee comes too late: Besides, can the objection be made upon writ of error — should not the garnishee have prayed a rescission of the order by mandamus ?
2. It is provided by the Act of…
2Cases cited13 opinions
- Easly v. DyeSupreme Court of Alabama · 1848
- Jones v. NorrisSupreme Court of Alabama · 1841
- Boyd v. GilchristSupreme Court of Alabama · 1849
- Grates v. CooperSupreme Court of Alabama · 1845
- Moore v. JonesSupreme Court of Alabama · 1848
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3Cited by5 opinions
- Birmingham Loan & Auction Co. v. First National BankSupreme Court of Alabama · 1893
- Craft & Co. v. SummersellSupreme Court of Alabama · 1890
- Gould v. MeyerSupreme Court of Alabama · 1860
- Ex parte OpdykeSupreme Court of Alabama · 1878
- Pearce & Co. v. Shorter & BrotherSupreme Court of Alabama · 1874