Skipper v. Foster
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. Nat. Cooe. The appellee recovered a judgment, in the circuit court of Hem’y, against Lemuel Searcy, and summoned the appellant, by process of garnishment, as the' debtor of said Searcy.
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Appeal from the Circuit Court of Henry. Tried before the Hon. Nat. Cooe. The appellee recovered a judgment, in the circuit court of Hem’y, against Lemuel Searcy, and summoned the appellant, by process of garnishment, as the' debtor of said Searcy. The garnishee answered, admitting that, at the time the garnishment was served on him, he was indebted to the defendant in attachment on a judgment previously rendered against him in said court; and stating that, since the service of the garnishment, he had paid said judgment under execution. On this answer the court rendered judgment against the…
1Opinion of the CourtStone, J.
In the cases of Chandler v. Faulkner, 5 Ala. 567, and Hine v. Garrett, 10 Ala. 298, debts due by judgment were condemned by proceedings in garnishment. The ques-*331tión of tbe liability of judgment debts to process of attachment; was not made in either of those cases. In an earlier caso, Zurcher v. Magee, 2 Ala. 253, the question was presented, and considered ; but the case went off on another point. These citations, though not conclusive, are persuasive to show that debts may be attached, even after they are reduced to judgment. — Grayson v. Veechin, 12 Martin, 688.
The Code (§ 2516) declares,…
2Cases cited7 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Beaston v. Farmers' Bank of Del.Supreme Court of the United States · 1838
- Bissell v. KipNew York Supreme Court · 1809
- Mobile Cotton Press & Building Co. v. MooreSupreme Court of Alabama · 1839
- Zurcher v. MageeSupreme Court of Alabama · 1841
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3Cited by12 opinions
- Warfield v. CampbellSupreme Court of Alabama · 1863
- Archer v. People's Savings BankSupreme Court of Alabama · 1889
- Jax Ice & Cold Storage Co. v. South Florida Farms Co.Supreme Court of Florida · 1926
- Montgomery Gas Light Co. v. Merrick & SonsSupreme Court of Alabama · 1878
- South & North Alabama Railroad v. FalknerSupreme Court of Alabama · 1873
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