Legal Opinion

Bloch Bros. v. Liverpool London Globe Ins. Co.

Supreme Court of Alabama

Decided October 26, 1922No. 2 Div. 800Published

Appeal from Circuit Court, Dallas County; S. IL Hobbs, Judge. Action by Bloch Brothers against C. E. Shuptrine; the Liverpool & London & Globe Insurance Company, garnishee. From a judgment on contest of the answer of the garnishee, plaintiff appeals. The judgment entry in the trial court is as follows: “On the trial of the issue made up on this day between plaintiffs and garnishee, the court renders judgment in favor of garnishee, and garnishee is discharged on its answer.

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Appeal from Circuit Court, Dallas County; S. IL Hobbs, Judge. Action by Bloch Brothers against C. E. Shuptrine; the Liverpool & London & Globe Insurance Company, garnishee. From a judgment on contest of the answer of the garnishee, plaintiff appeals. The judgment entry in the trial court is as follows: “On the trial of the issue made up on this day between plaintiffs and garnishee, the court renders judgment in favor of garnishee, and garnishee is discharged on its answer. “The issue formed in this cause was as follows: That the plaintiff alleges that the answer of the garnishee is untrue in…

1Opinion

On Rehearing.

McCLELLAN, J.

Upon reconsideration of the pertinent doctrine of Fowler v. Williamson, supra, the court remains convinced of the propriety of its application to the cause under review. See Rood on Garnishment, § 371, and note 32. That author also rests por-, tions of the text in sections 317, 357, upon Fowler v. AVilliamson, supra. The objections stated on the trial by the plaintiffs to the testimony designed to show Shuptrine’s asserted transfer of the quoted instrument to the Selma Bank was expressed in such specific terms as to invoke the doctrine of the cited case, requiring…

2Cases cited6 opinions

  1. Rowland & Co. v. PlummerSupreme Court of Alabama · 1874
  2. G. Ober & Sons Co. v. Phillips-Burt-toff Mfg. Co.Supreme Court of Alabama · 1906
  3. Winslow v. BrackenSupreme Court of Alabama · 1876
  4. Ex parte OpdykeSupreme Court of Alabama · 1878
  5. Jones v. Lowery Banking Co.Supreme Court of Alabama · 1893

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