Talladega Mercantile Co. v. McDonald
Supreme Court of Alabama
Appeal .from Talladgega Circuit Court. . Tried before Hon. L. E. Box. This was a suit in attachment, by the Talladega Mercantile Company, in wbicb McDonald & Campbell were summoned as garnishees.
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Appeal .from Talladgega Circuit Court. . Tried before Hon. L. E. Box. This was a suit in attachment, by the Talladega Mercantile Company, in wbicb McDonald & Campbell were summoned as garnishees. Final judgment was rendered against the garnishees, and an order made vacating tbe judgment, and allowing tbe garnishees to file their answer during tbe first six days of tbe ensuing term. cited Seals v. Swan, 9 Porter, 163; Drane v. Knight, 21 Ala. 556; Code, § 2980 (3298); Buchanan v. Thompson, 70 Ala. 402; Beadle v. Graham’s Adm/r., 66 Ala. 102; Ex parte O’Neal, 72 Ala. 560; Freeman on Judgments,…
1Opinion of the CourtStone, C. J.
— This was an attachment suit against Ehea, and McDonald & Campbell were summoned as garnishees and supposed debtors to the defendant in attachment. The garnishees filed a written answer denying all indebtedness. They appeared through attorneys; but at the term of the court to which the process was returnable, neither of the garnishees nor their attorneys were present. During that term of the court, and after the written answer of the garnishees had been filed, the court on motion of plaintiff made an order bearing date January 29,1891, requiring garnishees to “appear in open court and make…
2Cases cited16 opinions
- Speed v. CockeSupreme Court of Alabama · 1876
- Desribes v. WilmerSupreme Court of Alabama · 1881
- Hair v. LoweSupreme Court of Alabama · 1851
- Ex parte WalkerSupreme Court of Alabama · 1875
- Norwood v. Kirby's Adm'rSupreme Court of Alabama · 1881
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3Cited by16 opinions
- Ex parte DoakSupreme Court of Alabama · 1914
- Schaeffer v. WalkerSupreme Court of Alabama · 1941
- Ex Parte UpchurchSupreme Court of Alabama · 1927
- Craig & Co. v. Pierson L. Co.Supreme Court of Alabama · 1913
- Palliser v. Home Telephone Co.Supreme Court of Alabama · 1911
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