Calhoun v. Whittle
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before tbe Hon. James E. Cobb. The appellee in this case, James J. "Whittle, having commenced an action at law, by summons and complaint, which are nowhere set out in tbe record, against Rboda Renfroe, sued out a garnishment in aid of said action, and bad it served on tbe 24th June, 1875, on Elisha Calboun, tbe appellant, as the debtor of said Rhoda Renfroe.
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Appeal from the Circuit Court of Russell. Tried before tbe Hon. James E. Cobb. The appellee in this case, James J. "Whittle, having commenced an action at law, by summons and complaint, which are nowhere set out in tbe record, against Rboda Renfroe, sued out a garnishment in aid of said action, and bad it served on tbe 24th June, 1875, on Elisha Calboun, tbe appellant, as the debtor of said Rhoda Renfroe. At tbe October term, 1876, the garnishee appeared, and filed an answer; denying that be was indebted to the said Rhoda Renfroe i n his individual character, at the time the garnishment w as…
1Opinion of the CourtBrickell, C. J.
Conceding that the garnishment is operative only to reach a debt owing or due from the garnishee individually, and not a debt or demand chargeable against him in his capacity of administrator with the will annexed of Patrick Calhoun, the first question is, the legal effect of the decree of the Court of Chancery rendered against him, in favor of Mrs. Renfroe, the judgment debtor. "We think it apparent, that the decree was for the recovery of the bequests to Mrs. Renfroe, contained in the will of Patrick Calhoun. On the rendition of the decree, the garnishee became the personal, individual…
2Cases cited11 opinions
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