Moore v. Stainton
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Tried before the Hon. JOHN A. Cuthbert. The appellants commenced a suit by attachment against John A. Stainton, as a non-resident, and summoned the ap-pellees, as administrators with the will annexed of John Stain-ton, deceased, as garnishees.
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Appeal from the Circuit Court of Monroe. Tried before the Hon. JOHN A. Cuthbert. The appellants commenced a suit by attachment against John A. Stainton, as a non-resident, and summoned the ap-pellees, as administrators with the will annexed of John Stain-ton, deceased, as garnishees. The appellees appeared at the term to which they were summoned, and moved to dismiss the garnishment, on the ground that they had no legal notice, and because the garnishment was sued out within six months from the grant of letters of administration. On this motion, the court discharged the garnishees, and the…
1Opinion of the Court
GIBBONS, J.'
The motion to dismiss the garnishment proceedings against the defendants in error, is confessedly predicated upon séction 1917 of the Code, which is as follows: “No suit must be commenced against an executor or admin*832istrator, as sucb, until six months, and no judgment rendered against him, as such, until eighteen months after the grant of letters testamentary or of administration.”
It is insisted that the garnishee process is a suit within the meaning of this section of the Code, and therefore the judgment of the Circuit Court was correct, That a proceeding bjr garnishment, to…
2Cases cited4 opinions
- Travis v. TarttSupreme Court of Alabama · 1845
- Legal Representatives of Thomas v. HopperSupreme Court of Alabama · 1843
- Presnall v. MabrySupreme Court of Alabama · 1836
- Witherspoon v. BarberSupreme Court of Alabama · 1831
3Cited by10 opinions
- Berry-Beall Dry Goods Co. v. AdamsSupreme Court of Oklahoma · 1922
- Fulton v. OkesSupreme Court of Minnesota · 1935
- Griel v. LoftinSupreme Court of Alabama · 1880
- Wright v. PrestonSupreme Court of Alabama · 1876
- Nylan v. RenhardColorado Court of Appeals · 1897
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