Francis-Chenoweth Hardware Co. v. Bailey
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Si-iarpe. The facts of the case are sufficiently stated in the opinion.
Read the full summary
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Si-iarpe. The facts of the case are sufficiently stated in the opinion. A garnishment suit is, in effect an independent suit, and is subject to the same rulings as to services of process; continuances, &c., as any other suit. — Harris v. Miller, 71 Ala. 26. After the court quashed the writ of garnishment on which the judgment in the justice of the peace court was rendered, there was no judgment before the city court, and the city court should have dismissed said garnishment proceedings against the appellant.
1Opinion of the CourtBricklell, C. J.
This case originated before a justice of the peace of the county of Jefferson, and was carried into the city court by appeal. The appellees commenced suit before the justice against Isaac Lewis and Alice Lewis, founded on a promissory note, which, as alleged in the complaint filed before the justice, contained a waiver of exemptions of personal property. In aid of the suit, a garnishment was issued directed to the appellant, requiring it to appear and answer whether it was indebted to the defendant Isaac Lewis, or had effects of the said defendant in its possession or under its control. The…
2Cases cited2 opinions
- Wyatt v. JudgeSupreme Court of Alabama · 1838
- Little v. FittsSupreme Court of Alabama · 1858
3Cited by6 opinions
- State v. PollockSupreme Court of Alabama · 1948
- Henry v. McNamaraSupreme Court of Alabama · 1896
- Burgin v. Ivy Coal & Coke Co.Supreme Court of Alabama · 1900
- Southern Railway Co. v. WardSupreme Court of Alabama · 1898
- Brown v. LeggAlabama Court of Appeals · 1919
1 more not listed; retrieve them via the Exa API.