Teague, Barnett & Co. v. LeGrand
Supreme Court of Alabama
Feom the Circuit Court of Montgomery. Tried before the Hon. JohNP. Hubbard. The appellants in this case commenced suit by summons and complaint, on the 13th February, 1888, against the Southern Railway Construction and Land Company, a private corporation, organized under the general statutes; and, on the same day, sued out process of garnishment against M. P. LeGrand, Jr., and others, as debtors of said corporation.
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Feom the Circuit Court of Montgomery. Tried before the Hon. JohNP. Hubbard. The appellants in this case commenced suit by summons and complaint, on the 13th February, 1888, against the Southern Railway Construction and Land Company, a private corporation, organized under the general statutes; and, on the same day, sued out process of garnishment against M. P. LeGrand, Jr., and others, as debtors of said corporation. The summons and complaint, and the writ of garnishment, were each served on the 14th February, 1888. Judgment on verdict was obtained by the plaintiffs against the corporation, on…
1Opinion of the Court
STONE, O. J.
Garnishment, such as was resorted to in this case, is purely a legal remedy, a species of statutory attachment. When invoked for the purpose of condemning credits, or legal liabilities due to the defendant in the attachment, it is not every species of liability that can be reached, *495It is such as tbe defendant in attachment can recover of the garnishee in an action of debt, or indebitatus assumpsit, that are subject to this process. Code of 1886, § 2976, and note. True, the debt need not be due and presently demand-able ; but there must be a contract, express or • implied, out of…
2Cases cited7 opinions
- National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- Glenn v. SempleSupreme Court of Alabama · 1885
- Henderson v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1882
- Security Loan Ass'n v. WeemsSupreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Farley v. Alabama Terminal & Improvement Co.Supreme Court of Alabama · 1911
- Birmingham National Bank v. MayerSupreme Court of Alabama · 1894
- Anderson & Co. v. JonesSupreme Court of Alabama · 1893
- Craft & Co. v. SummersellSupreme Court of Alabama · 1890
- Foster v. Pollack CompanySupreme Court of Arkansas · 1927
9 more not listed; retrieve them via the Exa API.