Tonsmere & Craft v. Buckland
Supreme Court of Alabama
Appeal from the Circuit Court o£ Mobile. Tried before the Hon. ¥i. E. Clarke. The appellants in this case, suing as partners, recovered a judgment for $113.44:, besides costs, in the Circuit Court of Mobile, on the 11th May, 1886, against Edward E. Buck-land; and on the 8th March, 1889, sued out a garnishment on it against the Mobile & Ohio' Railroad Company, as the debtor of said Buckland.
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Appeal from the Circuit Court o£ Mobile. Tried before the Hon. ¥i. E. Clarke. The appellants in this case, suing as partners, recovered a judgment for $113.44:, besides costs, in the Circuit Court of Mobile, on the 11th May, 1886, against Edward E. Buck-land; and on the 8th March, 1889, sued out a garnishment on it against the Mobile & Ohio' Railroad Company, as the debtor of said Buckland. On the 11th May, 1889, the garnishee filed an answer, verified by the oath of its treasurer, admitting an indebtedness of $187.50. On the 13th May, 1889, Buckland filed with the clerk of the court, duly…
1Opinion of the CourtStone, C. J.
The mode of claiming exemptions, and of contesting the same, although intended to be harmonious as far as practicable, is nevertheless somewhat varied and shaded by the nature of the proceedings, or process, under which the condemnation is sought. The statutes contain no special provisions for such claim or contest in the Chancery Court. Nevertheless, the right being clear, and of constitutional guaranty, chancery grants relief according +o its own peculiar methods. — Zelnicker v. Brigham, 74 Ala 598; Seals v. Pheiffer, 84 Ala. 359; Collier v. Wood, 85 Ala. 91; Thompson v. Sheppard, Ib. 611.…
2Cases cited5 opinions
- Clark v. SpencerSupreme Court of Alabama · 1883
- Ex parte ReddSupreme Court of Alabama · 1883
- Collier & Jones v. Wood Bros.Supreme Court of Alabama · 1887
- Seals v. PheifferSupreme Court of Alabama · 1887
- Todd v. McCravey's Adm'rSupreme Court of Alabama · 1884
3Cited by10 opinions
- Decatur Mercantile Co. v. DefordSupreme Court of Alabama · 1890
- Roden & Co. v. BrownSupreme Court of Alabama · 1893
- Alabama Telco Credit Union v. GibbonsCourt of Civil Appeals of Alabama · 2015
- Bledsoe v. GarySupreme Court of Alabama · 1891
- Warley v. PattersonSupreme Court of Alabama · 1939
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