Colman v. Waters
Supreme Court of Alabama
QUESTION IN THIS CASE. Relative to the answer of a garnishee in attachment. This was a proceeding in garnishment, before a justice of the peace, of Butler county, against the plaintiff in error, at the instance of Waters. The justice, on the answer of Colman, gave judgment, against him, which he removed, by'appeal, to the Circuit Court of that county ; where the judgment was again rendered against him on his answer.
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QUESTION IN THIS CASE. Relative to the answer of a garnishee in attachment. This was a proceeding in garnishment, before a justice of the peace, of Butler county, against the plaintiff in error, at the instance of Waters. The justice, on the answer of Colman, gave judgment, against him, which he removed, by'appeal, to the Circuit Court of that county ; where the judgment was again rendered against him on his answer. The error assigned, was the refusal of the Circuit Court, to permit the plaintiff in error, to answerover.
1Per curiam
This cause must be reversed and remanded, on the authority of the case of Gayle vs. Turner.a
In cases from magistrates, the proceedings are de novo, and the garnishee should have been permitted to answer anew.
1 al Rep. 206.
2Cited by2 opinions
- Case v. MooreSupreme Court of Alabama · 1852
- Gould v. MeyerSupreme Court of Alabama · 1860