Case v. Moore
Supreme Court of Alabama
Error to the Circuit Court of Lawrence. Tried before the Hon. Thomas A. Walker. 1. The case should have been tried de novo in the Circuit Court. Gayle v. Turner, Minor’s E., 806; Colman v. Waters, 3 Porter, 381. 2. Before Moore could obtain a judgment final in the Circuit Court, it was necessary for him to take the proper steps in that court to entitle him to it. Case had a right to answer over.
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Error to the Circuit Court of Lawrence. Tried before the Hon. Thomas A. Walker. 1. The case should have been tried de novo in the Circuit Court. Gayle v. Turner, Minor’s E., 806; Colman v. Waters, 3 Porter, 381. 2. Before Moore could obtain a judgment final in the Circuit Court, it was necessary for him to take the proper steps in that court to entitle him to it. Case had a right to answer over. Colman v. Waters, 3 Porter 381. On bis failure to answer, Moore should have taken a judgment nisi on the fourth day of the term. Jones v. Hart & Bosworth, 2 Ala., 73. Moore should have exhibited his…
1Opinion of the CourtChilton, C. J.
— Case was summoned by process of garnishment to answer what he was indebted to one Elkins, against whom Moore had obtained a judgment before a justice of the peace, and filed his answer in writing, admitting an indebtedness to the amount of thirty dollars, dated 22d February, 1851. The justice rendered a judgment against him for that sum. It appears from the affidavit of Moore, that his judgment against Elkins was for the sum of twenty-four dollars and eighty-five cents, and was rendered the 23d December, 1848, before the justice who gave judgment against the garnishee. Case obtained a…
2Cases cited2 opinions
- Zurcher v. MageeSupreme Court of Alabama · 1841
- Colman v. WatersSupreme Court of Alabama · 1836
3Cited by8 opinions
- Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882
- Henry v. McNamaraSupreme Court of Alabama · 1896
- Smith v. JacksonSupreme Court of Alabama · 1876
- Bradley Fertilizer Co. v. Pollock & Co.Supreme Court of Alabama · 1893
- Gould v. MeyerSupreme Court of Alabama · 1860
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