Foster v. White
Supreme Court of Alabama
Error to the County court of Tuscaloosa. Attachment. — This proceeding was garnishment, sued out by the plaintiff in error, against the defendant in error, in the court below, calling on the defendant to disclose whether he was not indebted to one Joseph B. Rice, against whom the plaintiff had obtained a judgment.
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Error to the County court of Tuscaloosa. Attachment. — This proceeding was garnishment, sued out by the plaintiff in error, against the defendant in error, in the court below, calling on the defendant to disclose whether he was not indebted to one Joseph B. Rice, against whom the plaintiff had obtained a judgment. The defendant appeared, and filed his answer, on oath, as follows: “ Garnishee answers, that he purchased a stock of goods of Joseph B. Rice, about the 12th day of October, 1837, at the price of |8654 00, for which garnishee gave said Rice several promissory notes — one for' $1000,…
1Opinion of the CourtOrmond, J.
We cannot perceive on what principle the judgment of the court can be successfully assailed. The defendant states, in his answer, that he has received notice of the transfer of the notes made by him to Rice, which notice was given by Rice before service of the garnishment, but without informing him to whom the notes were transferred, further than that they were *224transferred to his creditors. That since then, aud before the filing of the answer, he had received particular notice to whom the notes were transferred. The answer is made on the twenty-first July, eighteen hundred and thirty-eight,…
2Cases cited1 opinion
- Colvin v. RichSupreme Court of Alabama · 1836
3Cited by5 opinions
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