Falconer v. Head
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before tire lion. Nat. Cook. The record in this case shows the following facts: On the 10th April, 1855, William B. Head obtained a judgment, in said circuit court, against John C. Oldham; and ©n the 6th March, 1856, sued out a garnishment thereon, which was served on Alexander H. Falconer, the clerk of said court.
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Appeal from the Circuit Court of Greene. Tried before tire lion. Nat. Cook. The record in this case shows the following facts: On the 10th April, 1855, William B. Head obtained a judgment, in said circuit court, against John C. Oldham; and ©n the 6th March, 1856, sued out a garnishment thereon, which was served on Alexander H. Falconer, the clerk of said court. The garnishee’s answer, as set out in the record, is marked in the marginal entry, “Filed in office 12th April, 1856,” and is in these words: “Personally appeared in open court A. H. Falconer, who, being sworn, for answer to…
1Opinion of the Court
RICE, O. J.
— The judgment entry shows, that the judgment against the garnishee was rendered upon an answer, which he-had filed. There is nothing in the record which would make the supposition a reasonable one, that more than one answer was filed by him. The fact that the only answer filed appears from the endorsement on it to have been filed on the 5th day of the term, is.explained by the fact, that the answer was made “in open court,” in the first instance, and afterwards written out. The date of the filing endorsed on the answer refers to the actual filing of the writing; whilst the…
2Cited by6 opinions
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- Ex parte HuntSupreme Court of Alabama · 1878
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