Goode v. Holcombe
Supreme Court of Alabama
Appeal froiil tile Circuit Court of Shelby'. Tbe record dobs not show the name of the presiding-, judge.
1Opinion of the CourtR. W. Walter, J.
To authorize a final judgment against a garnishee, who has not answered, a judgment nisi must be first entered against-him, and then a scire facias issued thereupon, must be executed and returned j or two such notices must be returned “not found” by tbe sheriff of the county in which tbe garnishment was executed, Code, § 2545; Lowry v. Clements, 9 Ala. 422; Wood v. Russell, 22 Ala. 645; Dew v. Bank, 9 Ala. 323. In this case, tile garnishee- Goode did- not answer and, without rendering the conditional judgment, and issuing the scire facias required 'by tile statute,^ the court entered a final…
2Cases cited3 opinions
- Lowry v. ClementsSupreme Court of Alabama · 1846
- Dew v. Bank of the StateSupreme Court of Alabama · 1846
- Wood v. RussellSupreme Court of Alabama · 1853
3Cited by2 opinions
- Holland-Blow Stave Co. v. WhitmanSupreme Court of Alabama · 1923
- Ex Parte National Lumber Mfg. Co.Supreme Court of Alabama · 1906