Prudential Savings Bank v. Looney
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Action by Lillie Looney against the Endowment Department of the District Grand Lodge No. 23, G. U. O. O. F., on an endowment policy, in which plaintiff recovered a judgment, and in aid thereof procured an ancillary attachment or garnishment issued to the Prudential Savings Bank of Birmingham, alleging that the Endowment Department had money therein deposited in the name of John G. Wright, Grand Treasurer…
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Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Action by Lillie Looney against the Endowment Department of the District Grand Lodge No. 23, G. U. O. O. F., on an endowment policy, in which plaintiff recovered a judgment, and in aid thereof procured an ancillary attachment or garnishment issued to the Prudential Savings Bank of Birmingham, alleging that the Endowment Department had money therein deposited in the name of John G. Wright, Grand Treasurer of the order. From a judgment condemning the money, the garnishee appeals. In the answer the garnishee set up that at the…
1Opinion of the CourtAnderson, C. J.
The final answer of the garnishee of November 8, 1912, and the amendment thereto, as appears in the jurat of November 29, 1912, sets up the Grand Lodge as the owner or claimant of the fund in its hands, and notice seems to have been properly issued to said Grand Lodge, which came into court and filed its claim as authorized by the statute, and there seems to have been a trial of the right to the fund between it and the plaintiff, resulting in a judgment for the plaintiff. It is true that the answer of the garnishee, after setting up that the fund belonged to the Grand Lodge, does recite that…
2Cases cited6 opinions
- Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882
- Donald Bros. & Co. v. NelsonSupreme Court of Alabama · 1891
- Burgin v. Ivy Coal & Coke Co.Supreme Court of Alabama · 1900
- Faulks v. HeardSupreme Court of Alabama · 1858
- Chambers v. YarnellSupreme Court of Alabama · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- First Nat. Bank of Birmingham v. GarrisonSupreme Court of Alabama · 1938
- Garrison v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1937
- James E. Colliflower & Co. v. McCallum-Sauber Co.Court of Appeals for the D.C. Circuit · 1933