Williamson v. Harris
Supreme Court of Alabama
Appeal from Circuit Court of Hale. The record does not give the name of the presiding judge. .The appellant, "Williamson, having obtained judgment against the appellee, Harris, on a debt contracted in 1872, garnisheed Tucker, the sheriff. Tucker succeeded Harris in that office, and, at the time of service of the summons, had one hundred and twenty dollars belonging to the latter, which Tucker had collected on executions placed in his hands.
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Appeal from Circuit Court of Hale. The record does not give the name of the presiding judge. .The appellant, "Williamson, having obtained judgment against the appellee, Harris, on a debt contracted in 1872, garnisheed Tucker, the sheriff. Tucker succeeded Harris in that office, and, at the time of service of the summons, had one hundred and twenty dollars belonging to the latter, which Tucker had collected on executions placed in his hands. Harris entered a motion on the docket, for an order to compel the garnishee to pay over- the money to him (Harris), “on the ground that the same is exempt…
1Opinion of the CourtBrickell, C. J.
The money in the hands of the garnishee was taxable costs due to the debtor Harris, as former sheriff, collected by the garnishee under executions. From the time of its collection, the money was- in the custody of the law. The garnishee could have protected himself from liability by a payment of the money into court, and obtaining its direction and order as to its application. If there were several claimants to the money, the claims not originating in contract, but created by law or derived from the process of the court, the parties could have appeared and submitted their rights to the…
2Cases cited4 opinions
- Thompson v. MerrimanSupreme Court of Alabama · 1849
- Langdon v. RaifordSupreme Court of Alabama · 1852
- Denham v. HarrisSupreme Court of Alabama · 1848
- Barnett v. BassSupreme Court of Alabama · 1847
3Cited by5 opinions
- Boyd v. SelmaSupreme Court of Alabama · 1892
- Enzor & McNeill v. HurtSupreme Court of Alabama · 1884
- Thibault v. LennonOregon Supreme Court · 1901
- Robinson v. EppesSupreme Court of Alabama · 1949
- McLean v. MartinSupreme Court of Alabama · 1907