Davis Bros. v. Montgomery Furnace & Chemical Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. T. M. Arrington. The appellants recovered a judgment against the Montgomery Furnace & Chemical Company, on which a garnishment was duly issued and served upon W. F. Joseph. Joseph, the garnishee, had previously subscribed for one thousand dollars of the first mortgage bonds to be issued by the defendant.
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Appeal from the City Court of Montgomery. Tried before the Hon. T. M. Arrington. The appellants recovered a judgment against the Montgomery Furnace & Chemical Company, on which a garnishment was duly issued and served upon W. F. Joseph. Joseph, the garnishee, had previously subscribed for one thousand dollars of the first mortgage bonds to be issued by the defendant. The provisions of the contract of subscription for said bonds are sufficiently stated in the opinion ; and it is the alleged indebtedness due upon this contract of subscription to said bonds, which is sought to be subjected in…
1Opinion of the CourtColeman, J.
Appellants, having recovered a judgment against the defendant corporation, upon the return *129of execution indorsed “No property found,” sued out writ qf garnishment against W. F. Joseph. The answer of garnishee, denying indebtedness, was contested, and upon the evidence to sustain, the contest the court directed the jury to find the issue in favor of the garnishee. This charge of the court is assigned as error. The recovery of the judgment, the issue of execution as above stated, and the corporate character of the defendant in execution is admitted. The evidence consists of the testimony of…
2Cases cited12 opinions
- Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
- Christensen v. . EnoNew York Court of Appeals · 1887
- Moore & Handley Hardware Co. v. Towers Hardware Co.Supreme Court of Alabama · 1888
- England v. DearbornMassachusetts Supreme Judicial Court · 1886
- Reichwald v. Commercial Hotel Co.Illinois Supreme Court · 1883
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3Cited by11 opinions
- Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
- Stone v. WalkerSupreme Court of Alabama · 1917
- Kirkup v. Anaconda Amusement Co.Montana Supreme Court · 1921
- Navco Hardwood Co. v. BassSupreme Court of Alabama · 1925
- Nicrosi v. IrvineSupreme Court of Alabama · 1893
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