Underhill v. Calhoun
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before tbe Hon. H. T. Toulmin. The appellant in this case, having obtained a judgment against the mayor, aldermen, and common council of the city of Mobile, and a return of “No property found” on an execution issued on said judgment, then sued out a writ of garnishment against the appellee, as the debtor of said corporation.
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Appeal from the Circuit Court of Mobile. Tried before tbe Hon. H. T. Toulmin. The appellant in this case, having obtained a judgment against the mayor, aldermen, and common council of the city of Mobile, and a return of “No property found” on an execution issued on said judgment, then sued out a writ of garnishment against the appellee, as the debtor of said corporation. The garnishee appeared, and answered, admitting an indebtedness to the said city of Mobile, for taxes assessed and unpaid, amounting to $2,733.84, with interest; for which sum he had given his note to the city, and, the note…
1Opinion of the CourtManning, J.
There can be no question that the rnoney, which the city was endeavoring to collect from Calhoun by suit, was a part of its ordinary revenues. This fact was not. changed by the circumstance that a note had been taken therefor, and an action, on it prosecuted to judgment.. The amount of it, when collected, would go into the municipal treasury, as a portion of its regularly levied income from taxation. Could it be intercepted and diverted therefrom,, while in the process of collection ?
In Edgerton v. Municipality (1 La. Ann. 435), the following observations were made: “On the first view of this…
2Cases cited3 opinions
- Egerton v. Third Municipality of New OrleansSupreme Court of Louisiana · 1846
- Pruitt v. ArmstrongSupreme Court of Alabama · 1876
- Smoot v. HartSupreme Court of Alabama · 1858
3Cited by9 opinions
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- White v. Mayor of DecaturSupreme Court of Alabama · 1898
- In re City of DetroitUnited States Bankruptcy Court, E.D. Michigan · 2014
- Eastern Union Co. of Delaware, Inc. v. Moffat Tunnel Improvement DistrictSuperior Court of Delaware · 1934
- Porter & Blair Hardware Co. v. PerdueSupreme Court of Alabama · 1894
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