Shackleford v. Kiser Co.
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before tbe Hon. James W. Lapsley. Iii this case the appellee, the M. C. Kiser Company, recovered a judgment against G. C. Jones for a certain amount due it by promissory note, and then garnished money in the possession of the Sloss Iron and Steel Company as the property of Jones. The garnishee, in its answer, suggested Shackleford as a claimant, and the latter filed him claim.
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Appeal from the City Court of Anniston. Tried before tbe Hon. James W. Lapsley. Iii this case the appellee, the M. C. Kiser Company, recovered a judgment against G. C. Jones for a certain amount due it by promissory note, and then garnished money in the possession of the Sloss Iron and Steel Company as the property of Jones. The garnishee, in its answer, suggested Shackleford as a claimant, and the latter filed him claim. In the controversy between the Kiser Company, as judgment creditor, and Shackleford, as claimant, Shackleford based his claim on a power of attorney given him by the debtor…
1Opinion of the CourtTyson, J.
This controversy is between a garnishing creditor and a claimant of an admitted sum due by garnishee to the defendant, debtor. The claimant bases Ids right to the money upon .the stipulations contained in a power* of attorney given him by the debtor constituting him the debtor’s true and lawful attorney in fact coupled with the authority “to demand, receive, collect and receipt far any and all accounts,' demands, claims or dues now in existence or hereafter to be created for* and on account of any iron ore shipped or to be shipped by me or in the name of the Alabama Mining-Company to the…
2Cases cited6 opinions
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Eagan v. LubyMassachusetts Supreme Judicial Court · 1882
- Purcell's Adm'r v. MatherSupreme Court of Alabama · 1860
- Hanchey v. HurleySupreme Court of Alabama · 1900
- Skipper v. StokesSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Park-Robertson Hardware Co. v. CopelandAlabama Court of Appeals · 1914
- Clanton Bank v. RobinsonSupreme Court of Alabama · 1915
- Citizens Bank v. J. C. Hass & Co.Supreme Court of Alabama · 1907