Friedman Bros. v. Cullman Building & Loan Ass'n
Supreme Court of Alabama
Appeal from -Cullman Circuit Court. Tried before Hon. H. C. Speaks. Friedman Brothers & Schaefer sued B. B. Williams & Sons, and had garnishment to issue to the Cullman Building & Loan Association.
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Appeal from -Cullman Circuit Court. Tried before Hon. H. C. Speaks. Friedman Brothers & Schaefer sued B. B. Williams & Sons, and had garnishment to issue to the Cullman Building & Loan Association. The necessary facts are stated in the opinion. contended that it was with the plaintiff whether he would rely on written answer or demand oral answer; and that the oral answer could be contended, and cited, 78 Ala. 258; 97 Ala. 519; Code, § 2195. contended that the ansAver of garnishee subject to contest must be-in Avriting and cited, Shinn on Attachment and Garnishment, §617.
1Opinion of the CourtDowdell, J.
— The appeal in this case is prosecuted from the judgment of the circuit court discharging the garnishee. The garnishee, the Cullman Building & Doan Association, is a domestic corporation. As disclosed by the record, the first and only legal answer made by the garnishee awls that filed by S. L. Fuller on the 17th day of September, 1895, Avhicli was accompanied by the requisite statutory affidavit showing his authority as agent to make the ansAAmr. — Codé of 1896, § 2190. The ansAver previously made and filed by C. Schultez Avas Avitliout the necessary statutory affidavit, and consequently…
2Cases cited1 opinion
- Steiner Bros. v. First National BankSupreme Court of Alabama · 1896
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- Metropolitan Casualty Ins. v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1941
- Buerger v. MabryAlabama Court of Appeals · 1916
- First National Bank v. DimmickSupreme Court of Alabama · 1912
- Louisville & Nashville R. R. v. LaneyAlabama Court of Appeals · 1915
- Rogers v. StateAlabama Court of Appeals · 1916
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