McClellan v. Young
Supreme Court of Alabama
Error to the County Court of Talladega. cited Crayton v. Clark, 11 Ala. 7S7; Moore v. Jones, 13 ib. 296. 1. Part of the debt being attached in the defendant’s hands, he shall be protected against a second recovery as to so much, while the proceedings, though erroneous, remain unreversed.— T ubb v. Manning, — Ala.
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Error to the County Court of Talladega. cited Crayton v. Clark, 11 Ala. 7S7; Moore v. Jones, 13 ib. 296. 1. Part of the debt being attached in the defendant’s hands, he shall be protected against a second recovery as to so much, while the proceedings, though erroneous, remain unreversed.— T ubb v. Manning, — Ala. Rep. 129; Palmer v. Ballard, 3 Stew. 32G. 2. The answer of a garnishee is to be taken as strictly true &c. unless the,answer be traversed. — Robinson v. Rapelye and Smith, 2 Stew. 86. (This was not done.) The answer of the garnishee fully shows that it was the lands of Henry…
1Opinion of the CourtParsons, J.
This action was brought upon a promissory note made by Young and payable to A. J. McClellan, bearing date the 22d December 1847. It appears that it was made in consideration of land sold by Henry McClellan to Young, and it was delivered by Young to Henry McClellan when it was made. It was made payable to A. J. McClellan, by' direction of Henry McClellan, who said that A. J. McClellan was to give him the money for it on that day. Subsequently a judgment was rendered against Young, as garnishee, for part of the debt owing by the same note, in a proceeding before a justice of the peace, in favor…
2Cases cited1 opinion
- Crayton v. ClarkSupreme Court of Alabama · 1847