Walke v. McGehee
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. McGehee was summoned as garnishee, as the debtor of one Falls, at the suit of Walke, and having denied any indebtedness, the plaintiff made the requisite oath to contest this fact, and afterwards an issue was made between these parties, in which the plaintiff asserted that McGehee, at the time of the service of garnishment was indebted to Falls.
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Writ of Error to the Circuit Court of Perry. McGehee was summoned as garnishee, as the debtor of one Falls, at the suit of Walke, and having denied any indebtedness, the plaintiff made the requisite oath to contest this fact, and afterwards an issue was made between these parties, in which the plaintiff asserted that McGehee, at the time of the service of garnishment was indebted to Falls. At the trial, the plaintiff proved an instrument, signed by both Falls and McGehee, in these terms: “ The rent of the Fluker place, in the tract of land sold by the marshall, as the property of John Falls,…
1Opinion of the CourtGoldthwaite, J.
1. We are inclined to think that a demand against a garnishee can be subjected to process of attachment only when a debt is actually existing. Our statutes, when they speak of indebtedness to the defendant in attachment or judgment, refer to such indebtedness as would enable the creditor himself to maintain either debt or indebi-tatis assumpsit; but it is unnecessary now to determine this point here, as we consider the garnishee thus liable in this instance.
2. Although the case was not put to the jury on this point, yet it is certain we shall advance considerably towards a conclusion upon the…
2Cited by7 opinions
- Harrell v. WhitmanSupreme Court of Alabama · 1851
- Brooks v. HildrethSupreme Court of Alabama · 1853
- Cook v. WalthallSupreme Court of Alabama · 1852
- Price v. Masterson'sSupreme Court of Alabama · 1860
- McGehee v. WalkeSupreme Court of Alabama · 1849
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