Head ex rel. Youngblood v. Shaver
Supreme Court of Alabama
Error to the County Court of Chambers. Debt by the plaintiff in error, against the defendants in error, before a justice of the peace, on a note for thirty-eight dollars. The justice rendered a judgment in favor of the plaintiff, from which the defendants appealed to the County Court.
Read the full summary
Error to the County Court of Chambers. Debt by the plaintiff in error, against the defendants in error, before a justice of the peace, on a note for thirty-eight dollars. The justice rendered a judgment in favor of the plaintiff, from which the defendants appealed to the County Court. The defendants pleaded payment, and introduced the record of a suit commenced by attachment, against the nominal plaintiff, in which the defendant Shaver, was summoned as a garnishee, and answered, that he was “ indebted to the defendant in the sum of twenty-seven dollars and eighty-seven and a half cents, and a…
1Opinion of the CourtOrmond, J.
The defence set up in this case, was a payment of a judgment against the defendant, as a garnishee in an attachment suit, against the nominal plaintiff. It cannot be doubted, that this was proper evidence, nor was the defendant concluded by his answer from showing, that the indebtedness he then admitted from himself, to the nominal plaintiff, was made in reference to the note here sued upon, though the indebtedness then admitted was not so great as the note upon its face called for.
The expression of the witness, that he had seen the note, in the hands of the nominal plaintiff, eighteen months…
2Cases cited1 opinion
- Copeland v. ClarkSupreme Court of Alabama · 1841
3Cited by10 opinions
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Councill v. MayhewSupreme Court of Alabama · 1911
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Bruce v. SierraSupreme Court of Alabama · 1912
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
5 more not listed; retrieve them via the Exa API.