Camp v. Hatter
Supreme Court of Alabama
Writ of Error to the Circuit Court of Greene. William R. Hamlet was summoned by garnishee process-as the debtor of John L. Hatter, in an attachment at the suit of Priscilla Hatter, and at the September term, 1839, appeared and answered that he was indebted to the defendant in attachment, in the sum of $650, by note, due 1st January, 1841. Judgment was not rendered in the attachment suit until September term, 1841, when the plaintiff recovered from the defendant in attachment…
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Writ of Error to the Circuit Court of Greene. William R. Hamlet was summoned by garnishee process-as the debtor of John L. Hatter, in an attachment at the suit of Priscilla Hatter, and at the September term, 1839, appeared and answered that he was indebted to the defendant in attachment, in the sum of $650, by note, due 1st January, 1841. Judgment was not rendered in the attachment suit until September term, 1841, when the plaintiff recovered from the defendant in attachment $409 24, besides costs of suit. At the March term, 1841, the garnishee asked and obtained leave to amend his answer,…
1Opinion of the CourtGoldthwaite, J.
1. When an attachment is levied -by garnishee process, the lieh created by it attaches at the *155time of the summons, and the right of the debtor to make a transfer is at once interrupted. A consequence of this principle is, that the issue between the garnishee and the attaching creditor, puts in question his indebtedness at that time. Our statutes permit the garnishee to suggest, that the interest in the attached debt has been transferred to another ; and the creditor is allowed to substitute the transferee in the place of the garnishee, by giving him notice. [Dig. 63, § 39, 40.J It is evident,…
2Cited by6 opinions
- Clark v. FewSupreme Court of Alabama · 1878
- Pupke, Reid & Phelps v. MeadorSupreme Court of Georgia · 1884
- Winslow v. BrackenSupreme Court of Alabama · 1876
- Central Bank & Trust Co. v. Alabama Broom & Mattress Co.Supreme Court of Alabama · 1920
- Ex parte OpdykeSupreme Court of Alabama · 1878
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