Cook v. Walthall
Supreme Court of Alabama
Ebroe to the Circuit Court of Wilcox;. Tried before the Hon. N. Cook. Cook, the plaintiff in error, having obtained a judgment upon proceedings in attachment against one William H. Eaulke, issued a garnishment, requiring Walthall, the defendant in error, to appear and answer what he was indebted to Eaulke, or what moneys and assets of his he had in his hands, &c.
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Ebroe to the Circuit Court of Wilcox;. Tried before the Hon. N. Cook. Cook, the plaintiff in error, having obtained a judgment upon proceedings in attachment against one William H. Eaulke, issued a garnishment, requiring Walthall, the defendant in error, to appear and answer what he was indebted to Eaulke, or what moneys and assets of his he had in his hands, &c. Walthall answered, that he owed Eaulke nothing, and had no effects of his in his hands at the date of the service of the garnishment. This answer was contested as incorrect, and an issue was formed to try its truth under the statute.…
1Opinion of the CourtChilton, J.
It may be conceded, that tbe lien created by tbe levy of Cook’s attachment could not be defeated by tbe subsequent levy of other and junior attachments by the constable, and that Cook is not without remedy to enforce his lien; yet it is too clear to admit of doubt, that he cannot reach the fund by the process of garnishment. This is a proceeding by which a creditor is enabled to reach in a summary way a demand due from a third person to his debtor; and to entitle the plaintiff to this remedy, it must be shown that the judgment debtor could have maintained debt or indebitatus assumpsit for the…
2Cases cited2 opinions
- Walke v. McGeheeSupreme Court of Alabama · 1847
- McGehee v. WalkeSupreme Court of Alabama · 1849
3Cited by10 opinions
- Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- Wales v. City of MuscatineSupreme Court of Iowa · 1856
- Price v. Masterson'sSupreme Court of Alabama · 1860
- Holcomb v. Town of WinchesterSupreme Court of Connecticut · 1885
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