Hodges Bros. v. Coleman & Carroll
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the lion. John P. Hubbard. The appellants in this case, as partners, sued out an attachment on the 9th December, 1881, against Jackson & Brother, a mercantile partnership doing business at Troy in said county of Pike; and summoned Coleman & Carroll, the appellees, by process of garnishment, as the debtors of said Jackson & Brother.
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Appeal from the Circuit Court of Pike. Tried before the lion. John P. Hubbard. The appellants in this case, as partners, sued out an attachment on the 9th December, 1881, against Jackson & Brother, a mercantile partnership doing business at Troy in said county of Pike; and summoned Coleman & Carroll, the appellees, by process of garnishment, as the debtors of said Jackson & Brother. The garnishees answered, and denied any indebtedness on their part to said Jackson & Brother, or any assets in their possession or under their control; but the answer was contested by the plaintiffs, and an issue…
1Opinion of the CourtStone, C. J.
— Ilodges Brothers were creditors of Jackson & Brother, and sued out attachment against them. The ground of the attachment was, that Jackson & Brother had fraudulently disposed of their property. The only levy of the attachment was a service on Coleman & Carroll as garnishees. Coleman & Carroll, being partners, made a joint answer to the garnishment, in which they say, that they were not indebted to the said defendants, Jackson & Brother, at the time of the service of the garnishment, nor at the time of making the answer, and would not be indebted to them in future by contract then existing,…
2Cases cited12 opinions
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