Buckland v. Tonsmere & Craft
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. E. Clarice. Judgment in.favor of Tpnsmere& Craft against E. E. Buck-land, recovered May 11th, 1886; garnishment against the M. & O. Railroad Company, sued out March 8th, 1889; answer of garnishee, admitting indebtedness, filed May 11th, 1889 ; claim of exemption filed May 13th, 1889; and judgment discharging garnishee, as shown more fully by the former report of the case, 88 Ala. 312-18. After the reversal…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. E. Clarice. Judgment in.favor of Tpnsmere& Craft against E. E. Buck-land, recovered May 11th, 1886; garnishment against the M. & O. Railroad Company, sued out March 8th, 1889; answer of garnishee, admitting indebtedness, filed May 11th, 1889 ; claim of exemption filed May 13th, 1889; and judgment discharging garnishee, as shown more fully by the former report of the case, 88 Ala. 312-18. After the reversal and remandment, the defendant asked leave to file a new or amended inventory, but the court would not allow it; and this…
1Opinion of the CourtMcCLELLAN, J.
The opinion in this case on a former appeal (88 Ala. 312) is decisive of the question now presented. It was then held that, the time within which the defendant had a right to file a sufficent inventory having elapsed, the plaintiff “could have moved for judgment against the garnishee, on the ground that no sufficient claim of exemption had been filed; or, pursuing the course he did, it was his right to demand a fuller inventory. Pursuing either course, it was within the discretion of the presiding judge, with or without terms, to allow an inventory to be filed, or the imperfect one amended. ”…
2Cases cited1 opinion
- Tonsmere & Craft v. BucklandSupreme Court of Alabama · 1889
3Cited by1 opinion
- Young v. HubbardSupreme Court of Alabama · 1893