Wolfe v. Parham
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg» The defendant in error caused a summons of garnishment to be served on the plaintiff in error, requiring him to appear before! a justice’s court, to which the writ was returnable, and answer what he was indebted to one Albert ,G. Tucker.
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg» The defendant in error caused a summons of garnishment to be served on the plaintiff in error, requiring him to appear before! a justice’s court, to which the writ was returnable, and answer what he was indebted to one Albert ,G. Tucker. The garnishee answered and denied all indebtedness, and the defendant in error having contested his answer, an issue was made up and tried, and a judgment rendered by the justice against the garnishee. From this judgment there was an appeal to the Circuit Court, where the case was tried…
1Opinion of the CourtChilton, J.
The first question is, whether upon the trial of a contest between the plaintiff and the garnishee, upon an appeal from a justice of the peace, the court may look to the original papers, and the copy of the judgment, entered upon the justice’s docket, and certified by him to the Circuit Court, for the purpose of determining whether the plaintiff had obtained a judgment against the original debtor.
The statute requires the justice, when an appeal is taken within the prescribed time, to send up to the clerk of the court, to which the appeal is taken, a statement of the case, with all the papers…
2Cases cited2 opinions
- McGeehee v. HillSupreme Court of Alabama · 1840
- Nesbitt v. DrewSupreme Court of Alabama · 1850
3Cited by15 opinions
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- City of Albany v. SpraginsSupreme Court of Alabama · 1922
- Chapman v. HoldingSupreme Court of Alabama · 1877
- Thompson v. SuttleSupreme Court of Alabama · 1943
- Farrow v. Sturdivant BankSupreme Court of Alabama · 1913
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