Guilford v. Reeves & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. J. M. Carmichael. J. S. Reeves & Co., the appellees, sued out, in the circuit court of Henry county, an attachment against J. C. Guilford, one of the appellants, and in addition to being levied upon a stock of goods, the attachment was levied by serving writs of garnishment on several insurance companies.
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Appeal from the Circuit Court of Henry. Tried before the Hon. J. M. Carmichael. J. S. Reeves & Co., the appellees, sued out, in the circuit court of Henry county, an attachment against J. C. Guilford, one of the appellants, and in addition to being levied upon a stock of goods, the attachment was levied by serving writs of garnishment on several insurance companies. The several garnishees answered, and disclosed in their answers that they had issued fire insurance policies in favor of the said Guilford upon certain property; that the property covered by said policies had been destroyed by…
1Opinion of the CourtMcOLELLAN, J.
It is quite true that, when the defendant to a cause in which the process of garnishment has been resorted to and the garnishee has answered indebtedness executes bond as provided in the act of February 12,1891, (Acts 1890-91, p. 590),,for the dissolution of the garnishment, no judgment can be rendered against the garnishee, for the plain reason that the garnishment has been dissolved. — Balkum v. Strauss, 98 Ala. 460. But it is equally true that the bond stands precisely in the stead and place of the garnishee, and that no judgment can be rendered upon it or against any of the obligors…
2Cases cited3 opinions
- Security Loan Ass'n v. WeemsSupreme Court of Alabama · 1881
- Balkum v. ReevesSupreme Court of Alabama · 1893
- Warren v. MatthewsSupreme Court of Alabama · 1892
3Cited by7 opinions
- A. Klipstein & Co. v. Allen-Miles Co.Court of Appeals for the Fifth Circuit · 1905
- Metz Manf'g Co. v. HolbeckMichigan Supreme Court · 1929
- Standard Sanitary Manufacturing Co. v. Benson Hardware Co.Supreme Court of Alabama · 1934
- Carpenter, Baggett & Co. v. MillerAlabama Court of Appeals · 1911
- Collins v. Baldwin & Co.Supreme Court of Alabama · 1895
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