Lehman, Durr & Co. v. Hudmon Bros.
Supreme Court of Alabama
Appeal Rom the Circuit Court of Coosa. Tried before the Hon. James W. Lapsley. The appellees in this case, Hudmon Brothers & Co., obtained a judgment on the 4th August, 1883, before a justice of the peace in said county, against Lewis S. Driver, for $100, with costs; and thereupon sued out a garnishment against Lehman, Durr & Co., as the debtors of said Driver.
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Appeal Rom the Circuit Court of Coosa. Tried before the Hon. James W. Lapsley. The appellees in this case, Hudmon Brothers & Co., obtained a judgment on the 4th August, 1883, before a justice of the peace in said county, against Lewis S. Driver, for $100, with costs; and thereupon sued out a garnishment against Lehman, Durr & Co., as the debtors of said Driver. The garnishees appeared, and filed an answer, by John W. Durr, one of their partners, denying any indebtedness or liability whatever; but their answer was contested, and on demurrer sustained to two pleas filed by them, judgment was…
1Opinion of the CourtSomerville, J.
There is, in our opinion, no error in the judgment rendered against the garnishees. The case stood for trial de novo before the Circuit Court, on appeal from the justice’s court. The plaintiffs had controverted the answer of the garnishees, which denied the fact of indebtedness to the defendant; and an issue was thereupon made up under the direction of the court, as required by the statute, which was properly tried by a jury. — Code, 1886, §§ 2981-2982.
The garnishees having failed to appear and support the truth of their answer, the plaintiff was entitled to claim a judgment by default…
2Cases cited3 opinions
- Lehman, Durr & Co. v. Hudmon Bros.Supreme Court of Alabama · 1885
- Case v. MooreSupreme Court of Alabama · 1852
- Gould v. MeyerSupreme Court of Alabama · 1860
3Cited by7 opinions
- Elyton Land Co. v. Morgan & Co.Supreme Court of Alabama · 1889
- Henry v. McNamaraSupreme Court of Alabama · 1896
- Schwarz v. Oppenheimer, Strauss & Co.Supreme Court of Alabama · 1890
- Skelton v. WeaverSupreme Court of Alabama · 1957
- Ex parte HaynesSupreme Court of Alabama · 1903
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