Oliver v. Atkinson
Supreme Court of Alabama
The plaintiff in error was summoned at the instance of Atkinson, to answer what money, goods, &c. he had in his hands of one Deweese, the debtor of defendant. The plaintiff, in his answer, acknowledged himself to- he in possession of certain monies, which the debtor had placed with him for safe keeping} and which, he, the debtor, said (and which the garnishee believed) belonged to the United States.
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The plaintiff in error was summoned at the instance of Atkinson, to answer what money, goods, &c. he had in his hands of one Deweese, the debtor of defendant. The plaintiff, in his answer, acknowledged himself to- he in possession of certain monies, which the debtor had placed with him for safe keeping} and which, he, the debtor, said (and which the garnishee believed) belonged to the United States. On this answer, un controverted, the Circuit Court of Dallas rendered judgment against the plaintiff, and he took a writ of error to-this Court.
1Opinion of the Court
By Mr. Justice Hitchcock :
William Atkinson obtained a judgment in the Circuit Court of Dallas county, against A. C. Deweese, at the March term, 1832, of said Court for one hundred dolíais, and on the 20th day of August following, the plaintiff made an affidavit before a Justice of the Peace, that the defendant had no property within his knowledge whereof to make the money, but that Benjamin Mott, Charles Votey, and John Oliver, were indebted to him, &c.; upon which a summons of garnishment was issued against them. The two first answered, and admitted assets to a small amount. Oliver did. not…
2Cited by2 opinions
- Stubblefield v. HagertySupreme Court of Alabama · 1840
- Johnson & Co. v. SpaightSupreme Court of Alabama · 1848