Legal Opinion

Jackson v. Shipman

Supreme Court of Alabama

Decided January 15, 1856PublishedCited by 12 opinions

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…

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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

  1. Smith v. RedusSupreme Court of Alabama · 1846
  2. Blair v. RhodesSupreme Court of Alabama · 1843
  3. Collins & Co. v. Hyslop & SonSupreme Court of Alabama · 1847
  4. Hood v. Branch of the Bank of the StateSupreme Court of Alabama · 1846

3Cited by12 opinions

  1. Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882
  2. Jean v. SandifordSupreme Court of Alabama · 1864
  3. Pearce v. Winter Iron-WorksSupreme Court of Alabama · 1858
  4. Rambo v. Wyatt's Adm'rSupreme Court of Alabama · 1858
  5. Bishop v. Lalouette's HeirsSupreme Court of Alabama · 1880

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