Cunningham & Son v. Baker, Peterson & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. The appellants, Cunningham & Sons, brought an action of assumpsit against the appellees, Baker, Peterson & Co. This suit was inststuted by suing out a writ of attachment against defandants, which was executed by the service of a sheriff’s garnishment upon A. Gerald, the chief of police of the .city of Montgomery, who had previously arrested the defendants, Frank Baker and James Peterson, who…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. The appellants, Cunningham & Sons, brought an action of assumpsit against the appellees, Baker, Peterson & Co. This suit was inststuted by suing out a writ of attachment against defandants, which was executed by the service of a sheriff’s garnishment upon A. Gerald, the chief of police of the .city of Montgomery, who had previously arrested the defendants, Frank Baker and James Peterson, who had been engaged in business in the city of New Orleans under the firm name of Baker, Peterson & Co. At the term of the…
1Opinion of the CourtBrickell, C. J.
The levy of the attachment was made only by the service of a garnishment. The judgment of the court below, from which the appeal is taken, was rendered, sustaining or overruling demurrers the parties interposed. From these rulings, the counsel have evolved, as the principal question of the case, to which they have directed argument, the liability to garnishment of the moneys or effects, in the possession of the garnishee, the attaching creditor seeks to reach and condemn.
The nature and office of a garnishment is defined and and declared by the Code, in these words : “A garnishment, as the…
2Cases cited10 opinions
- Burns v. . ErbenNew York Court of Appeals · 1869
- Holley v. MixNew York Supreme Court · 1829
- Ex parte HurnSupreme Court of Alabama · 1890
- Malcolmson v. GibbonsMichigan Supreme Court · 1885
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Picking v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1945
- Suell v. DerricottSupreme Court of Alabama · 1909
- State v. LockSupreme Court of Missouri · 1924
- Sanders v. StateSupreme Court of Alabama · 1913
- Gibson v. StateSupreme Court of Alabama · 1915
40 more not listed; retrieve them via the Exa API.