Holland-Blow Stave Co. v. Whitman
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; Osceola Kyle, Judge. Bill by the Holland-Blow Stave Company against E. D. Whitman and James A. Foreman, as Sheriff of Morgan County. From a decree denying relief, complainant appeals.
Read the full summary
Appeal from Circuit Court, Morgan County; Osceola Kyle, Judge. Bill by the Holland-Blow Stave Company against E. D. Whitman and James A. Foreman, as Sheriff of Morgan County. From a decree denying relief, complainant appeals. The bill sets out an entry upon the docket of W. L. Gover, a justice of the peace of Morgan county, in which it is recited that, in the case of E. D. Whitman v. Clarence Green (Holland-Blow Stave Company, garnishee) on December 31, 1915, a default judgment was taken against the defendant; that a writ of garnishment was served upon Holland-Blow Stave Company, summoning it…
1Opinion of the CourtAnder’Son, C. J.
[1J It is unquestionably the law that in order to render a valid judgment against a garnishee he must not only have been served with the writ of garnishment, but, when there has been a conditional judgment for failure to answer the writ, he must also be served with notice before the conditional judgment is made absolute. Section 4324 of the Code of 1907; Lowry v. Clements, 9 Ala. 422; Goode v. Holcombe, 37 Ala. 94.
[2, 3] When a judgment has been rendered without compliance with the foregoing requirements, a court of equity has the power to set aside such judgment upon proof by the complainant…
2Cases cited5 opinions
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Singleton v. Doe ex dem. SmithSupreme Court of Alabama · 1913
- King v. DentSupreme Court of Alabama · 1922
- Lowry v. ClementsSupreme Court of Alabama · 1846
- Goode v. HolcombeSupreme Court of Alabama · 1860
3Cited by5 opinions
- Bastian-Blessing Co. v. GewinSupreme Court of Alabama · 1928
- Ruegamer v. Rocky Mountain Cementers, Inc.Wyoming Supreme Court · 1953
- Allison v. BriskeyAlabama Court of Appeals · 1951
- Central of Georgia Ry. Co. v. GravesAlabama Court of Appeals · 1926
- Ex Parte McDanalAlabama Court of Appeals · 1946