McCord v. Tennille
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The appellants, McCord & Aydelotte, sued out an attachment against the estate of one E. A. Butler, which was executed by serving process of garnishment upon the appellees, Tennille & Tate. The appellees filed an answer denying indebtedness to said Butler, and the appellants controverted the answer; whereupon an issue was made up between them under the direction of the court.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The appellants, McCord & Aydelotte, sued out an attachment against the estate of one E. A. Butler, which was executed by serving process of garnishment upon the appellees, Tennille & Tate. The appellees filed an answer denying indebtedness to said Butler, and the appellants controverted the answer; whereupon an issue was made up between them under the direction of the court. The facts are stated in the opinion. Upon these facts, the court, at the request in writing of appellees, charged the jury, that if they…
1Opinion of the CourtClopton, J.
— Appellants sued out an attachment against the estate of E. A. Butler, which was executed by serving process of garnishment on the appellees. The evidence discloses that Butler and Tate were formerly partners in the mercantile business. Butler purchased Tate’s interest in the partnership, agreeing to pay him therefor about eleven hundred dollars, and to pay the outstanding debts of the firm. Butler carried on the business in his own name for about twelve months. He was also indebted to Tennille. Butler failed to pay the debts of Butler & Tate, and Ten*170nille & Tate purchased his stock of…
2Cited by1 opinion
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