Southern Wesco Supply Co. v. Hammond
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon. J. H. Disque. The Southern Wesco Supply Company had judgment against the Monarch Heating & Supply Company and W. G. Gallespie, and had garnishment issued to the Interstate Constitution Company, with notice to defendants.
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Appeal from Gadsden City Court. Heard before Hon. J. H. Disque. The Southern Wesco Supply Company had judgment against the Monarch Heating & Supply Company and W. G. Gallespie, and had garnishment issued to the Interstate Constitution Company, with notice to defendants. The garnishees answered suggesting J. W. Hammond as claimant to the fund garnished, and the claimant came in and propounded his claim to the fund garnished, under the circumstances as set forth in the opinion. Judgment for claimant, and plaintiff appeals. Even if the assignment be absolutely unqualified in forip, if it is in…
1Opinion of the CourtThomas, J.
The judgment in favor of the appellant, the Southern Wesco Supply Company, upon which the writ of garnishment was issued in this case, was ob*493tained on November 12, 1913, and four days later, November 16, 1913, the writ of garnishment thereon was issued and served on the garnishee, who made answer suggesting the appellee, Hammond, as claimant. Hammond propounded his claim, which was contested by plaintiff; and on trial thereupon had on the issue formed between them there Avas judgment in favor of claimant, from which the plaintiff appeals.
The evidence disclosed without dispute the…
2Cases cited9 opinions
- Adkins v. BynumSupreme Court of Alabama · 1895
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
- Cox v. Birmingham Dry Goods Co.Supreme Court of Alabama · 1899
- Payne v. Mayor of MobileSupreme Court of Alabama · 1842
- Kidd v. Josiah Morris & Co.Supreme Court of Alabama · 1899
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3Cited by4 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Broadwell v. ImmsAlabama Court of Appeals · 1915
- Milstid v. PenningtonCourt of Appeals for the Fifth Circuit · 1959
- Milstid v. PenningtonCourt of Appeals for the Fifth Circuit · 1959