Wright v. Swanson
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before Hon. Littleberrx Strange. Cocke, who died during the pendency of the appeal, which was revived in the name of his administrator, commenced suit by attachment against one Griggs, and had Swanson, the appellee, summoned to appear at the fall term, 1868, of the circuit court, to answer as garnishee, &c.; at that term the garnishee did not appear, and the case was continued.
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Appeal from the Circuit Court of Macon. Tried before Hon. Littleberrx Strange. Cocke, who died during the pendency of the appeal, which was revived in the name of his administrator, commenced suit by attachment against one Griggs, and had Swanson, the appellee, summoned to appear at the fall term, 1868, of the circuit court, to answer as garnishee, &c.; at that term the garnishee did not appear, and the case was continued. At the next term the garnishee appeared and filed an answer, and the plaintiff, by leave of court, filed written interrogatories to the garnishee, without objection. The…
1Opinion of the CourtB. F. Saffold, J.
The answer of the garnishee, Swanson, not being satisfactory to the plaintiff, the court, by order, suffered him to file written interrogatories to the garnishee. The matter was then continued, by agreement of the parties, without objection. At the next term, the *713garnishee filed an answer to the interrogatories, but moved the court to set aside the order allowing them. He had not before objected to them, but, on his request, had obtained time to answer. His motion was granted, and he was discharged on his former' answer. The plaintiff objected to the discharge, and insisted on examining him…
2Cases cited1 opinion
- Easton v. LowerySupreme Court of Alabama · 1856
3Cited by1 opinion
- Roman v. BaldwinSupreme Court of Alabama · 1898