Alabama Power Co. v. Emigh

BEATTY, Justice.

Alabama Power Company (APCo) appeals from a judgment based upon a jury verdict rendered against it in an action of wrongful garnishment. We reverse and remand.

The case originated from a small claims complaint filed by APCo in Calhoun County to recover $210.04 from Phoebie R. Emigh for electric power service which she used. She filed her answer in court admitting the allegations of the complaint, consenting to a judgment, and stating: “I will paid [sic] in full Alabama Power Company $210.04 by two weeks from this date.” Mrs. Emigh also left a copy of her answer with the APCo…