Lady Ensley Furnace Co. v. Rogan & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. H. C. Speaee. On the 13th June, 1889, Rogan & Co. commenced an action by summons and complaint against Jarius Collins, and sued out a garnishment in aid of the action against the Lady Ensley Furnace Company, a private corporation, as the debtor of said Collins.
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Appeal from the Circuit Court of Colbert. Tried before the Hon. H. C. Speaee. On the 13th June, 1889, Rogan & Co. commenced an action by summons and complaint against Jarius Collins, and sued out a garnishment in aid of the action against the Lady Ensley Furnace Company, a private corporation, as the debtor of said Collins. The garnishment required the garnishee to answer “what they are indebted to said defendant at the time of the service of this writ, or at the time of making their answer, and whether they will not be indebted in future by a contract then existingand it was served on the…
1Opinion of the Court
"WALKEE, J.
Tbe writ of garnishment in this case required the garnishee to answer what it was indebted to the defendant at the time of the service of the writ, or at the time of making its answer, and whether it would be indebted in future to him by a contract then existing. The service of the garnishment created a lien in favor of the plaintiff, upon any debt of the garnishee to the defendant which might be disclosed by the answer, or on a contest thereof. — Code, § 2957. The citation did not in terms require an answer as to the time intervening the timé of serving the garnishment and making…
2Cases cited4 opinions
- Archer v. People's Savings BankSupreme Court of Alabama · 1889
- Curry v. WoodwardSupreme Court of Alabama · 1874
- Security Loan Ass'n v. WeemsSupreme Court of Alabama · 1881
- White v. HobartSupreme Court of Alabama · 1890
3Cited by7 opinions
- Dinkins v. Crunden-Martin Woodenware Co.Missouri Court of Appeals · 1903
- Packard Motors Co. v. TallySupreme Court of Alabama · 1925
- First Nat. Bank of Brantley v. Standard Chemical Co.Supreme Court of Alabama · 1932
- Walker v. Carolina Mills Lumber Co., Inc.Court of Civil Appeals of Alabama · 1983
- Montgomery Candy Co. v. Wertheimer-Swarts Shoe Co.Alabama Court of Appeals · 1911
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