Price v. Masterson's
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the lion. Alex. McKinstry. The appellee in this case, having obtained a judgment, as the executor of Hugh Masterson, deceased, against C. W. Bostwick, on the 9th November, 1854, for $830 50, and having sued out an execution thereon, which was returned “ no property found,” made the statutory affidavit for process of garnishment, and had the appellant summoned as the debtor of said Bostwick.
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Appeal from the City Court of Mobile. Tried before the lion. Alex. McKinstry. The appellee in this case, having obtained a judgment, as the executor of Hugh Masterson, deceased, against C. W. Bostwick, on the 9th November, 1854, for $830 50, and having sued out an execution thereon, which was returned “ no property found,” made the statutory affidavit for process of garnishment, and had the appellant summoned as the debtor of said Bostwick. The garnishee appeared in answer to the summons, and denied that he was indebted to Bostwick, or that he had in his possession any property or effects…
1Opinion of the CourtStone, J.
It must be regarded as settled in this State, that garnishment is a legal proceeding ; “ and that the ouly moneyed demands, which can be reached by this process, are those which are of such a nature, that they might be recovered in an action of debt, or indebitatus assumpsit.” It has also been frequently asserted, “that the garnishee may retain for any debt which he shows to be due to himself, from the defendant in the original suit.” Powell v. Sammons, 31 Ala. 552; Thomas v. Hopper, 5 Ala. 442 ; Travis v. Tartt, 8 Ala. 574 ; Walke v. McGehee, 11 Ala. 273; Loftin v. Shackleford, 17 Ala. 455;…
2Cases cited26 opinions
- Reade v. LivingstonNew York Court of Chancery · 1818
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Thomas v. GoodwinMassachusetts Supreme Judicial Court · 1815
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
21 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Caldwell v. KingSupreme Court of Alabama · 1884
- Nicrosi v. IrvineSupreme Court of Alabama · 1893
- Howell v. CardenSupreme Court of Alabama · 1891
5 more not listed; retrieve them via the Exa API.