Jackson v. Shipman
Supreme Court of Alabama
Appeal from the Circuit Court of-Sumter. 'Tried before the Hon. Thomas A. Walker. The record in this case shows the following facts: On the 28th June, 1854, Temperance Shipman made affidavit, before the clerk of the circuit court of Sumter, “ that a certain judgment, recovered in said court at its May term, 1844, for the sum of $532, besides costs, wherein Hiram Jackson, administrator of Randall Jackson, deceased, is plaintiff, and Peter Jackson is defendant, belongs to, and…
Read the full summary
Appeal from the Circuit Court of-Sumter. 'Tried before the Hon. Thomas A. Walker. The record in this case shows the following facts: On the 28th June, 1854, Temperance Shipman made affidavit, before the clerk of the circuit court of Sumter, “ that a certain judgment, recovered in said court at its May term, 1844, for the sum of $532, besides costs, wherein Hiram Jackson, administrator of Randall Jackson, deceased, is plaintiff, and Peter Jackson is defendant, belongs to, and is the property of this affiant; that said Peter is a distributee of the estate of Elizabeth Jackson, deceased; that…
1Opinion of the CourtRice, C. J.
By section 2520 of the Code, the amount of money which will be due to a distributee, on the final settlement of an estate, is subject to the process of garnishment, sued out against the administrator by the judgment creditor of the distributee; and if the administrator, in answer to such garnishment, admits assets to pay the amount claimed, or *492some portion thereof, out of the distributive share of such judgment debtor, a judgment may be rendered against such garnishee, for the amount so admitted by him, before a final settlement of the estate. "Without such admission, a judgment cannot be…
2Cases cited4 opinions
- Smith v. RedusSupreme Court of Alabama · 1846
- Blair v. RhodesSupreme Court of Alabama · 1843
- Collins & Co. v. Hyslop & SonSupreme Court of Alabama · 1847
- Hood v. Branch of the Bank of the StateSupreme Court of Alabama · 1846
3Cited by12 opinions
- Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882
- Jean v. SandifordSupreme Court of Alabama · 1864
- Pearce v. Winter Iron-WorksSupreme Court of Alabama · 1858
- Rambo v. Wyatt's Adm'rSupreme Court of Alabama · 1858
- Bishop v. Lalouette's HeirsSupreme Court of Alabama · 1880
7 more not listed; retrieve them via the Exa API.