Birmingham National Bank v. Mayer
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The proceedings in this case were had upon the contest of the answer by the Birmingham National Bank as garnishee in a suit by the appellee, S. O. Mayer, against one J. Galatoire.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The proceedings in this case were had upon the contest of the answer by the Birmingham National Bank as garnishee in a suit by the appellee, S. O. Mayer, against one J. Galatoire. On the 18th day of May, 1892, S. C. Mayer commenced suit against one John Galatoire in the circuit court of Jefferson county, Alabama, and, making affidavit and giving bond, sued out a writ of garnishment, which was served, on that day, on the Birmingham National Bank. On the 19th of May, 1892, the Birmingham .National Bank filed a…
1Opinion of the CourtMcCLELLAN, J.
The statute does not in terms require that upon the contest of the answer of a garnishee an issue shall be made up in writing, but only that an issue shall be made up under the direction of the court, (Code, § 2981) ; but conceding that writing is necessary when not waived, there is no doubt, we think, that the making up of an issue orally in open court is the waiver of writing. In this case an affidavit was made by Love-man contesting in behalf of the plaintiff the answer of the Birmingham National Bank, garnishee, and thereupon “the attorney for the plaintiff stated that the said garnishee,…
2Cases cited1 opinion
- Teague, Barnett & Co. v. LeGrandSupreme Court of Alabama · 1888
3Cited by12 opinions
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- Bank of Guntersville v. CrayterSupreme Court of Alabama · 1917
- First Nat. Bank v. MingeSupreme Court of Alabama · 1914
- Norris v. Commercial Nat. Bank of AnnistonSupreme Court of Alabama · 1935
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