Saunders v. Camp
Supreme Court of Alabama
Weit of Error to the County Court of Sumter County. This is a proceeding by Camp, as the judgment creditor of one Chiles, to subject a debt due to the latter by Saunders. The judgment entry recites, that the garnishee answered an indebtedness of 119 dollars, for which judgment was given, and on which, this writ of error is prosecuted.
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Weit of Error to the County Court of Sumter County. This is a proceeding by Camp, as the judgment creditor of one Chiles, to subject a debt due to the latter by Saunders. The judgment entry recites, that the garnishee answered an indebtedness of 119 dollars, for which judgment was given, and on which, this writ of error is prosecuted. The transcript sent to this court, sets out an answer of Saunders, in writing, purporting to have been sworn to in open court, the 16th February, 1343, (the judgment is entitled ofFebruay term, of the same year) but no reference is made to it in the judgment…
1Opinion of the CourtGoldthwaite, J.
The conclusion to which we have come on the preliminary question, makes it decisive of the case, and therefore, we shall express no opinion on the question, how far the answer, standing alone, and unexplained by a viva voce examination, is sufficient to sustain the judgment.
In Gaines v. Bierne, [3 Ala. Rep. N. S. 114,] we held that the answer of the garnishee, whether viva voce, or in writing, is no part of the record, unless made so by bill of exceptions, or incorporated in the judgment by reciting its substance.
It is supposed, however, that the rule then declared, has been modified by the…
2Cited by7 opinions
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- Bland v. BowieSupreme Court of Alabama · 1875
- Lewis v. Dubose & Co.Supreme Court of Alabama · 1856
- Diston & Sons v. HoodSupreme Court of Alabama · 1887
- Decatur, Chesapeake & New Orleans Railway Co. v. CrassSupreme Court of Alabama · 1892
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