Mims v. Parker
Supreme Court of Alabama
Error to the County Court of Sumter. THE ’plaintiff in error was summoned as garnishee, at the instance of the defendants, to answer whether he was not indebted to one Samuel Redus, against whom the testators of the defendants in error had obtained judgment.
Read the full summary
Error to the County Court of Sumter. THE ’plaintiff in error was summoned as garnishee, at the instance of the defendants, to answer whether he was not indebted to one Samuel Redus, against whom the testators of the defendants in error had obtained judgment. The plaintiff appeared, and answered in substance, that he and Reedes had been in partnership in a tan yard; that Redus being embarrassed by debts, proposed to sell his interest to him, and offered to take fifteen hundred dollars in his own notes, or claims due by him to other persons, which Redus represented could be obtained on time, at…
1Opinion of the CourtOrmond, J.
— No judgment can be rendered against a garnishee on his answer, unless he confesses an indebtedness in money, to the defendant in the attachment. If the answer be evasive, and drawn with a view to evade the question, it may be treated as a nullity, and judgment nisi be entered. Scales v. Swan, 9th Porter, 163.
Here, there is no evasion; the answer on the contrary, is unnecessarily full; but it states no fact which would authorize a judgment against him. In the case of Smith against Chapman & Brother, 7th Porter 365, the garnisshee, by his answer, admitted that he was indebted to the defendant…
2Cited by7 opinions
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- Sloss v. GlazeSupreme Court of Alabama · 1935
- Weil v. TylerSupreme Court of Missouri · 1866
- Blair v. RhodesSupreme Court of Alabama · 1843
- Self v. KirklandSupreme Court of Alabama · 1854
2 more not listed; retrieve them via the Exa API.