Nicrosi v. Irvine
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the ííon. J ohn R. Tyson. The facts of the case are sufficiently stated in the opinion. . 1. The plaintiff in this suit could maintain garnishment against the garnishee. — Curry v. Woodward, 44 Ala. 305; Lehman v. Warner, 61 Ala. 455 ; Davis Bros. v. Montgomery F. & C. Co., 101 Ala. 127; Parsons v. Joseph, 92 Ala. 403; Carroll v. Milner, 93 Ala. 301. 2. Our statutory and constitutional provisions requiring stock of…
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Appeal from the Circuit Court of Montgomery. Tried before the ííon. J ohn R. Tyson. The facts of the case are sufficiently stated in the opinion. . 1. The plaintiff in this suit could maintain garnishment against the garnishee. — Curry v. Woodward, 44 Ala. 305; Lehman v. Warner, 61 Ala. 455 ; Davis Bros. v. Montgomery F. & C. Co., 101 Ala. 127; Parsons v. Joseph, 92 Ala. 403; Carroll v. Milner, 93 Ala. 301. 2. Our statutory and constitutional provisions requiring stock of corporations to be paid for in money, or in property at its money value, would be meaningless if the rule were otherwise.…
1Opinion of the CourtMcCLELLAN, J.
Nicrosi, having a judgment against the Calera Land Company, sued out process of garnishment againt W. M. Irvine, alleging that s*aid Irvine was indebted to the defendant in judgment. To put the case in the light most favorable to the plaintiff, the answer of the garnishee disclosed the following facts : Irvine and others, on August 1st, 1885, entered into a contract among themselves to jointly buy certain lands with a view to the organization of a land corporation for the purpose of establishing and building a town on said lands through the sale of lots therein by the corporation *651to third…
2Cases cited9 opinions
- National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884
- Elyton Land Co. v. Birmingham Warehouse & Elevator Co.Supreme Court of Alabama · 1890
- Archer v. People's Savings BankSupreme Court of Alabama · 1889
- Alexander v. Pollock & Co.Supreme Court of Alabama · 1882
- Parsons v. JosephSupreme Court of Alabama · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Brown v. KossoveCourt of Appeals for the Eighth Circuit · 1919
- Riles v. Coston-Riles Lumber Co.Supreme Court of Alabama · 1922
- Vaughn v. Alabama National BankSupreme Court of Alabama · 1904
- Pickering v. Townsend & BrownSupreme Court of Alabama · 1897
- Roman v. DimmickSupreme Court of Alabama · 1898
16 more not listed; retrieve them via the Exa API.