Canterbury & Gilder v. Marengo Abstract Co.
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. The Marengo Abstract Company procured garnishment in aid of suit to he served on the sheriff who had in his hands money collected for one Small on an execution on a judgment secured by Small against another. Canterbury & Gilder,, interposed without objection a claim to the money under an assignment of the judgment. There was judgment for the garnishor plaintiff and claimants appeal.
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Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. The Marengo Abstract Company procured garnishment in aid of suit to he served on the sheriff who had in his hands money collected for one Small on an execution on a judgment secured by Small against another. Canterbury & Gilder,, interposed without objection a claim to the money under an assignment of the judgment. There was judgment for the garnishor plaintiff and claimants appeal. The claimants were entitled to a judgment under their assignment of the judgment. — Section 4091, and 3011, Code 1907. Appellee had a lien on…
1Opinion of the CourtMcCLELLAN, J.
G. E. Small secured, in 1904, a judgment in a justice’s court against Tim and Susie Fritz. Levy of execution having been made on property as that of the defendants in execution, Ballew interposed a claim thereto. This claim suit was decided in favor of the plaintiff in execution. Ballew’s effort to review that judgment, both by appeal and certiorari,, respectively, failed in the circuit court of Marengo. Ballew’s claim bond was forfeited, and execution was thereupon issued against him and his sureties. On November 19, 1908, the sheriff collected under that execution the sum of $73.04. On that…
2Cases cited5 opinions
- Gardner v. Mobile & Northwestern RailroadSupreme Court of Alabama · 1893
- Henderson v. HallSupreme Court of Alabama · 1901
- Tiffany v. StewartSupreme Court of Iowa · 1882
- Wellborn v. BuckSupreme Court of Alabama · 1896
- Harrison v. Louisville & Nashville RailroadSupreme Court of Alabama · 1897
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- Mercantile Insurance Co. of America v. JacksonWashington Supreme Court · 1952
- Robinson v. EppesSupreme Court of Alabama · 1949
- Stewart v. HeywoodUtah Supreme Court · 1923
- Bancroft v. Gables Racing Asso Inc.Supreme Court of Florida · 1934
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