Faulks v. Heard
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the Hon. Robeet Houg-hehty. The appellees commenced suit, by original attachment, issued on the 23d June, 1852, against Levi M. Sennett; and summoned the appellant by process of garnishment, on the 24th June, as the debtor of said Sennett.
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Appeal from the Circuit Court of Coosa. Tried before the Hon. Robeet Houg-hehty. The appellees commenced suit, by original attachment, issued on the 23d June, 1852, against Levi M. Sennett; and summoned the appellant by process of garnishment, on the 24th June, as the debtor of said Sennett. At the return term of the garnishment, the garnishee answered, denying any indebtedness; but his answer was controverted on the affidavit of the plaintiffs’ attorney, and the issue formed thereon was found against him. Judgment final against the garnishee was rendered at the April term, 1855, in these…
1Opinion of the CourtStone, J.
— Tbe judgment against tbe garnishee is fatally defective. It does not recite tbe amount of tbe judgment against the defendant in attachment; and hence we cannot know that tbe appellees are entitled to tbe judgment for two hundred and seventy-six 62-100 dollars, which they recovered against the garnishee. Neither does the answer of the garnishee, or any other part of the record of the recovery against the garnishee, show the amount of the judgment against the defendant in attachment; and it follows, that we have nothing by which to amend the judgment against the garnishee. — Case & Pate v.…
2Cases cited10 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Travis v. TarttSupreme Court of Alabama · 1845
- Jackson v. ShipmanSupreme Court of Alabama · 1856
- Blair v. RhodesSupreme Court of Alabama · 1843
- Cook v. WalthallSupreme Court of Alabama · 1852
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3Cited by6 opinions
- Gould v. MeyerSupreme Court of Alabama · 1860
- Brake v. Curd Sinton Manufacturing Co.Supreme Court of Alabama · 1893
- Chambers v. YarnellSupreme Court of Alabama · 1861
- Jones v. ManierSupreme Court of Alabama · 1893
- Prudential Savings Bank v. LooneySupreme Court of Alabama · 1914
1 more not listed; retrieve them via the Exa API.