McMullen v. Lockard
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. W. C. McIyer, an attorney of the court, selected by the parties on account of the incompeteney of the presiding judge, Hon. James E. Cobb, who had been of counsel in the cause.
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Appeal from the Circuit Court of Macon. Tried before the Hon. W. C. McIyer, an attorney of the court, selected by the parties on account of the incompeteney of the presiding judge, Hon. James E. Cobb, who had been of counsel in the cause. This action was commenced by original attachment, sued out by P. S. Lockard, against John McMullen and Carrie McMullen, who were husband and wife, but they are nowhere so described in any of the proceedings in the original cause, so far as those proceedings are shown by the transcript. The affidavit for the attachment, and the attachment itself, are not set…
1Opinion of the CourtStone, J.
The charge to the jury in this case puts Lockard in a category, which denies to him the right to condemn the note of Cox in the attachment suit. The statutory separate estate of Mrs. McMullen could not be reached by attachment, whether levied on property or by garnishment. Cauly v. Blue, 62 Ala. 77; Saunders v. Garrett, 33 Ala. 454. But the present suit is between the attaching creditor, and the alleged transferree; in which, the fact and bona fides of the transfer before service of the garnishment, can alone be put in issue and tried. — Code of 1876, §§ 3302 et seq. ; Rowland v. Plummer, 50…
2Cases cited3 opinions
- Rowland & Co. v. PlummerSupreme Court of Alabama · 1874
- Saunders' Adm'r v. GarrettSupreme Court of Alabama · 1859
- Cauly v. BlueSupreme Court of Alabama · 1878
3Cited by3 opinions
- G. Ober & Sons Co. v. Phillips-Burt-toff Mfg. Co.Supreme Court of Alabama · 1906
- Ridley v. EnnisSupreme Court of Alabama · 1881
- Long v. WalkerSupreme Court of Alabama · 1887