Covington v. Kelly
Supreme Court of Alabama
WRIT of error to the County Court of Sumter. This suit was commenced by process of garnishment, sued out after judgment, by Kelly (suing for the use of Hair) against one Christian and Covington & Reavis, requiring them to answer what they were indebted to Pollard (the defendant to Kelly’s judgment) the surviving partner of a mercantile firm, composed of himself and one Carr.
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WRIT of error to the County Court of Sumter. This suit was commenced by process of garnishment, sued out after judgment, by Kelly (suing for the use of Hair) against one Christian and Covington & Reavis, requiring them to answer what they were indebted to Pollard (the defendant to Kelly’s judgment) the surviving partner of a mercantile firm, composed of himself and one Carr. After a judgment ni. si. anda sci.fa. against Christian, he appeared and answered that the firm of Pollard & Carr executed a deed of trust to him, conveying certain real and personal estate, as well as chosesin action due…
1Opinion of the CourtGoldth Waite, J.
This case is so entangled by connecting it with proceedings against other parties, that it is somewhat difficult to present a distinct understanding of the questions upon which our decision will turn.
' Covington & Reavis and Christian, are jointly summoned as garnishees; but by their several answers, we ascertain that there is nothing like a joint liability to the debtor, whose effects are sought to be attached in their bands.
Covington <fc Reavis are liable immediately to Christian, upon their receipt, although that was given to him in his character of trustee, under the deed which is…
2Cases cited1 opinion
- Hazard v. FranklinSupreme Court of Alabama · 1841
3Cited by3 opinions
- Evans v. NormanSupreme Court of Alabama · 1848
- Andrews v. Union Bank of TennesseeSupreme Court of Alabama · 1852
- Hodges v. WhiteSupreme Court of Alabama · 1849