Dishman v. Griffis
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Action by A. Dishman and another against J. B. Griffis and others. Judgment for defendants on its plea, and plaintiffs appeal. Beversed and remanded.
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Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Action by A. Dishman and another against J. B. Griffis and others. Judgment for defendants on its plea, and plaintiffs appeal. Beversed and remanded. It appears that J. B. Griffis brought suit against the Anniston Lumber & Manufacturing Company and A. Dishman for a certain sum of money, and had garnishment in aid of suit issued to certain named parties, to obtain which the plaintiff executed the ordinary garnishment bond. The action is upon this bond, and the plea referred to is as follows: The rightfulness of said…
1Opinion of the Court
MAYFIELD, J.—(1) Garnishment is a species of attachment, and is essentially a statutory remedy; though derived from the custom of London it is not one of the ancient common-law remedies, and in the absence of statutes the remedy would not exist. Being, however, a kind of attachment, it falls within the protec*666tion of our statutes as to attachments, which provide that an enactment on this subject must be so liberally construed as to advance the manifest intent of the law. Such statutes, therefore, have never been construed strictly, like those which provide summary proceedings wholly in…
2Cases cited8 opinions
- Liddell v. ChidesterSupreme Court of Alabama · 1887
- Cook v. Parham & BluntSupreme Court of Alabama · 1879
- Pounds v. HamnerSupreme Court of Alabama · 1876
- Robbins v. HarrisonSupreme Court of Alabama · 1857
- Hays v. AndersonSupreme Court of Alabama · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Headley v. HeadleySupreme Court of Alabama · 1964
- Wells Co. v. LaneSupreme Court of Alabama · 1927
- Bell v. JonesSupreme Court of Alabama · 1931
- Duncan v. Autauga Banking & Trust Co.Supreme Court of Alabama · 1931
- Liversage v. GibsonSupreme Court of Alabama · 1931
5 more not listed; retrieve them via the Exa API.