Hall v. Magee
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. The appellant, having recovered a judgment against Augustus L. McCoy, for $800, summoned the appellees by process of garnishment as his debtors. The garnishees appeared, and filed the following answer: “ That said McCoy has been in the employ of Magee & Reid, as bookkeeper, for some time past, at a salary of $1,500, payable monthly.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. The appellant, having recovered a judgment against Augustus L. McCoy, for $800, summoned the appellees by process of garnishment as his debtors. The garnishees appeared, and filed the following answer: “ That said McCoy has been in the employ of Magee & Reid, as bookkeeper, for some time past, at a salary of $1,500, payable monthly. At the beginning of the year (last November), said McCoy had overdrawn his account, and had become indebted to said Magee & Reid in the sum of $2,005 26, or thereabouts; and they had also…
1Opinion of the CourtOoldthwaite, J.
The answer discloses that McCoy was indebted to the garnishees more than two thousand *416dollars, and agreed to serve them as bookkeeper for the year, to be allowed for his services fifteen hundred dollars, payable monthly; that he was to receive' in money only enough to pay the necessary expenses of his family, and the residue of his salary was to bo applied to the liquidation of the debt owing by him to the garnishees. This being the contract between the parties, the understanding must have been, of course, that the amount to be paid to McCoy in money was not to be aifected by his indebtedness…
2Cases cited1 opinion
- Self v. KirklandSupreme Court of Alabama · 1854
3Cited by7 opinions
- Archer v. People's Savings BankSupreme Court of Alabama · 1889
- Alexander v. Pollock & Co.Supreme Court of Alabama · 1882
- Price v. Masterson'sSupreme Court of Alabama · 1860
- Gray v. Perry Hardware Co.Supreme Court of Alabama · 1895
- Nesbitt v. WareSupreme Court of Alabama · 1857
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