Ex Parte National Lumber Mfg. Co.
Supreme Court of Alabama
Petition for certiorari to Supreme Court. Certiorari by the. National Lumber Manufacturing Company to review a judgment against it as garnishee in a cause wherein the_ Dixie Grain Company was plaintiff and the Powe Logging Company defendant.
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Petition for certiorari to Supreme Court. Certiorari by the. National Lumber Manufacturing Company to review a judgment against it as garnishee in a cause wherein the_ Dixie Grain Company was plaintiff and the Powe Logging Company defendant. It was shown that judgment nisi was rendered against the-movant as garnishee, and it nowhere appears that proof was made that proper service had been had on one of the officers of this corporation upon whom service could lie legally made, and without such proof at a subsequent term of the court, the judgment nisi was made final against tin movant. There…
1Opinion of the CourtDowdell, J.
A final judgment in garnishment proceedings is merely a confirmation of the judgment nisi, which is-a conditional judgment. A valid judgment nisi is therefore necessary to support a valid final judgment. If the judgment nisi is for any reason void, there can be no confirmation of it, and hence no valid final judgment can be predicated on it. — Goode v. Holcombe, 37 Ala. 94; Drane v. King, 21 Ala. 558; Spence v. Simmons, 16 Ala. 828; Lowry v. Clements, 9 Ala. 422; Dickerson v. Walker, 1 Ala. 48.
To authorize a judgment by default against a corporation, the record must show that proof was made…
2Cases cited13 opinions
- Bates v. Bank of the StateSupreme Court of Alabama · 1841
- Hoffman, Ahlers & Co. v. Alabama Distillery & Feeding Co.Supreme Court of Alabama · 1899
- Dickerson v. WalkerSupreme Court of Alabama · 1840
- Oxford Iron Co. v. SpradleySupreme Court of Alabama · 1868
- Ex parte KeenanSupreme Court of Alabama · 1852
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Central Iron & Coal Co. v. PenningtonSupreme Court of Alabama · 1923
- Roman v. MorganSupreme Court of Alabama · 1909
- Ex Parte BiddleSupreme Court of Alabama · 1952
- H. H. Hitt Lumber Co. v. TurnerSupreme Court of Alabama · 1914