Norwood & Co. v. Voorhees, Miller & Co.
Supreme Court of Alabama
Appeal from tlie Circuit Court of Butler. Tried before the 1-Ion. J. W. Foster. On December 28, 1897, tlie appellees, Yoorliees, Miller & Co., sued out an attachment in the circuit court of Butler against one Dayton Plaster. This attachment was executed by serving a sheriff’s garnishment upon several persons, among- whom was one J. AY. Phillips. The garnishee, J. AY.
Read the full summary
Appeal from tlie Circuit Court of Butler. Tried before the 1-Ion. J. W. Foster. On December 28, 1897, tlie appellees, Yoorliees, Miller & Co., sued out an attachment in the circuit court of Butler against one Dayton Plaster. This attachment was executed by serving a sheriff’s garnishment upon several persons, among- whom was one J. AY. Phillips. The garnishee, J. AY. Phillips, answered, admitting that he had been indebted to the defendant Plaster, but that’ his indebtedness had been assigned and ivas now owned by Norwood & Co., and, therefore, suggested Norwood & Co. as being the 'claimant of…
1Opinion of the CourtHaralson, J.
1. There are, as between parties, three issues to be tried in a case of this character in three separate suits or proceedings,' — the first, between the plaintiff in attachment against the defendant, in which the issue is, whether the defendant is indebted to the plaintiff or not; the second between the plaintiff in attachment and the-garnishee, in which the. question of indebtedness of the garnishee to the defendant must be ascertained; and the third, between the plaintiff and the claimant, brought before the court on the suggestion of his claim by the garnishee in the answer he files. The…
2Cases cited3 opinions
- Reynolds v. CollinsSupreme Court of Alabama · 1884
- Winslow v. BrackenSupreme Court of Alabama · 1876
- Merrill & Bridges v. VaughanSupreme Court of Alabama · 1897
3Cited by4 opinions
- O'Barr v. TurnerAlabama Court of Appeals · 1917
- First Nat. Bank of Mobile v. LartigueSupreme Court of Alabama · 1937
- Mack v. Beeland Bros. Mercantile Co.Alabama Court of Appeals · 1925
- Garst v. CanfieldSupreme Court of Rhode Island · 1921