Montgomery Gas Light Co. v. Merrick & Sons
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before Hon. James Q,. Smith. This was an appeal by the Montgomery Gas Light Company from an order refusing to stay execution on a judgment wliicb Merrick & Sons obtained against it, in tbe said Circuit Court.
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Appeal from the Circuit Court of Montgomery. Tried before Hon. James Q,. Smith. This was an appeal by the Montgomery Gas Light Company from an order refusing to stay execution on a judgment wliicb Merrick & Sons obtained against it, in tbe said Circuit Court. It appears from the bill of exceptions, that on the-day of December, 1870, tbe appellant was garnished by Mrs. M. E. Winter, in a suit in the Chancery Court of Montgomery, against Merrick & Sons, to whom the Gas Light Company was indebted. The suit and garnishment were pending several years, and until the 29th day of November, 1878, when…
1Opinion of the CourtBrickell, C. J.
The purpose of a garnishment is the appropriation of the debt owing by the garnishee, or the effects in his custody, to the satisfaction of the demand of the plaintiff against the' defendant in the suit. After service of the garnishment, the garnishee stands in the relation of a stakeholder, and is supposed to be indifferent as between the plaintiff and the defendant. From all personal liability, and from all peril of future controversy, he may protect himself by payment into court of the debt he may owe, or by the delivery of such property in his hands, as may be subject to the garnishment.…
2Cases cited6 opinions
- Crawford v. SladeSupreme Court of Alabama · 1846
- Gunn v. HowellSupreme Court of Alabama · 1859
- Mills & Co. v. StewartSupreme Court of Alabama · 1847
- Skipper v. FosterSupreme Court of Alabama · 1856
- Sherrod v. DavisSupreme Court of Alabama · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
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- Ohio Cas. Ins. Co. v. GanttSupreme Court of Alabama · 1951
- Ex parte CuddSupreme Court of Alabama · 1916
- University of Alabama Hospitals v. Warren (In Re Warren)United States Bankruptcy Court, N.D. Alabama · 1980
- Hurt v. KnoxSupreme Court of Alabama · 1930
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