Hollingsworth v. Hammond
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. Tried before the Hon. E. W. Pettus. The proceedings in this case were instituted by original attachment, at the suit of Richmond Hammond, against Gibbs & McCord, and the summons of the appellants by process of garnishment. The attachment was sued out, on the ground of the defendants’ non-residence, on the 3d November, 1852; and the garnishment was served on the same day.
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Appeal from the Circuit Court of St. Clair. Tried before the Hon. E. W. Pettus. The proceedings in this case were instituted by original attachment, at the suit of Richmond Hammond, against Gibbs & McCord, and the summons of the appellants by process of garnishment. The attachment was sued out, on the ground of the defendants’ non-residence, on the 3d November, 1852; and the garnishment was served on the same day. At the return term, as appears from the judgment entry, the court sustained a demurrer to a plea in abatement filed by the garnishees, held their answer insufficient, and required…
1Opinion of the CourtStone, J.
If a garnishee, who simply answers admitting an indebtedness, and submitting to the jurisdiction of the court, can raise the question of his liability for interest while his debt is suspended by litigation, the principle will not aid the present appellants. They stand in no such defensible attitude. Ou the contrary, they interposed a dilatory plea, and opposed other obstacles to the plaintiff’s recovery against them.
We think the doctrine must be regarded as settled in this State, that wherever a debt or money liability exists, as contradistinguished from mere damages-for the breach of a…
2Cases cited5 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Stebbins v. FitchSupreme Court of Alabama · 1827
- Dew v. Bank of the StateSupreme Court of Alabama · 1846
- Hudson v. DailySupreme Court of Alabama · 1848
3Cited by3 opinions
- Key v. JonesSupreme Court of Alabama · 1875
- Zimmern v. Standard Motor Car Co.Supreme Court of Alabama · 1921
- Park v. WileySupreme Court of Alabama · 1880