Nesbitt v. Ware
Supreme Court of Alabama
Appeal from the Circuit Court of Bibb. Tried before the Hon. ANdrew B. Moore. The appellees sued out au original attachment against John Gray, and summoned the appellant, hy process of garnishment, as the debtor of said Gray. The appellant filed a written answer, denying all indebtedness to Gray, and stating the particulars of a contract between them for the purchase hy Mm of a tract of land from Gray.
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Appeal from the Circuit Court of Bibb. Tried before the Hon. ANdrew B. Moore. The appellees sued out au original attachment against John Gray, and summoned the appellant, hy process of garnishment, as the debtor of said Gray. The appellant filed a written answer, denying all indebtedness to Gray, and stating the particulars of a contract between them for the purchase hy Mm of a tract of land from Gray. The plaintiffs in attachment contested this answer, and alleged, as the issue was made up under the direction of the court, that said garnishee was indebted to said Gray, in the sum of $3,000,…
1Opinion of the CourtRice, C. J.
The plaintiffs assert that the garnishee is indebted, to their debtor, John Gray, by force of a written contract entered into between, and signed and sealed by, the garnishee and said Gray, on the 10th of February, 1851, a copy of which appears in the bill of exceptions;, and they have resorted to the remedy by garnishment, (instituted before the Code went into effect,) to reach and recover that, indebtedness. By that remedy, they are “merely substituted to the rights” of their debtor, and cannot reach the demand, if, from its character, their debtor could not have maintained debt or…
2Cases cited18 opinions
- West v. Kelly's Ex'rsSupreme Court of Alabama · 1851
- Hatchett v. GibsonSupreme Court of Alabama · 1848
- Dixon v. BarclaySupreme Court of Alabama · 1853
- Merriweather v. TaylorSupreme Court of Alabama · 1849
- Cook v. WalthallSupreme Court of Alabama · 1852
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3Cited by5 opinions
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- Sloss v. GlazeSupreme Court of Alabama · 1935
- Murrell v. WhitingSupreme Court of Alabama · 1858
- Chicago & Northwestern Railway Co. v. Alvin R. Durham Co.Supreme Court of the United States · 1926
- Mobile & Ohio Railroad v. Whitney & Co.Supreme Court of Alabama · 1864