Blair v. Rhodes
Supreme Court of Alabama
WRIT of error to the Circuit Court of Mobile. This was a proceeding by garnishment under the statute, at the suit of the defendant in error against the plaintiff. The garnishee was alleged to be the debtor of Henry C. Holmes, against whom the plaintiff had obtained a judgment, for the sum of twenty-eight hundred and five 29-100 dollars, in the circuit' court of Mobile, which was still unsatisfied.
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WRIT of error to the Circuit Court of Mobile. This was a proceeding by garnishment under the statute, at the suit of the defendant in error against the plaintiff. The garnishee was alleged to be the debtor of Henry C. Holmes, against whom the plaintiff had obtained a judgment, for the sum of twenty-eight hundred and five 29-100 dollars, in the circuit' court of Mobile, which was still unsatisfied. The garnishee on the 14th November, 1842, appeared and answered on oath, that at the time he was served with the garnishment, he was under a contract by lease with the defendant, to pay him eight…
1Opinion of the CourtCollies, C. J.
In Smith v. Chapman and brother, [6 Porter’s Rep. 365,] the garnishee admitted that he was indebted to the defendant in attachment one hundred and nine dollars, to be paid in store accounts : The court held, that the answer did not authorize a judgment for that sum. [See also, Mims v. Parker & Coffman, 1 Ala. Rep. 421; Allen v. Morgan, 1 Stewart’s Rep. 9 ; Presnell v. Mabry, 3 Porter’s Rep. 165.] In the case before us, the garnishee admitted that he was indebted to the defendant in the judgment, in the sum of eight hundred dollars; from one to two hundred dollars of which he was, by his…
2Cases cited1 opinion
- Mims v. ParkerSupreme Court of Alabama · 1840
3Cited by11 opinions
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- White v. KahnSupreme Court of Alabama · 1893
- Jackson v. ShipmanSupreme Court of Alabama · 1856
- Lowry v. ClementsSupreme Court of Alabama · 1846
- Faulks v. HeardSupreme Court of Alabama · 1858
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