Dickerson v. Walker
Supreme Court of Alabama
Error to the Circuit Court of Dallas County. IN this case the plaintiff in error was cited to appear and answer as a garnishee upon an affidavit of the defendants in error, that they had obtained judgment against Pell & Carpenter and John Gordon, for two hundred and sixty nine and forty-one hundredth dollars, that the writ of fieri facias had been returned “no property found,” and that they believed the plaintiff in error had funds of the defendants to said judgment, in his…
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Error to the Circuit Court of Dallas County. IN this case the plaintiff in error was cited to appear and answer as a garnishee upon an affidavit of the defendants in error, that they had obtained judgment against Pell & Carpenter and John Gordon, for two hundred and sixty nine and forty-one hundredth dollars, that the writ of fieri facias had been returned “no property found,” and that they believed the plaintiff in error had funds of the defendants to said judgment, in his hands. The plaintiff in error being cited, failed to appear, and judgment by default, was entered against him, “for the…
1Opinion of the Court
ORMOND, J.-
— It is an established principle that a judgment to be binding, must be certain and complete in itself, without *49reference to any thing else by which to ascertain its meaning. Draughan and others v. The Tombeckbee Bank, [1 Stew’t. 66.] The Tombeckbee Bank v. Strong’s Executors, [1 Stewart & Porter 187.]
The final judgment rendered against a garnishee is merely a confirmation of the interlocutory judgment, previously rendered. It follows necessarily, that the final judgment cannot be extended beyond, or be different from, the previous judgment rendered on condition. It cannot avail…
2Cited by10 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Speed v. CockeSupreme Court of Alabama · 1876
- Bradley v. StateSupreme Court of Alabama · 1881
- Bell v. State Industrial Accident CommissionOregon Supreme Court · 1937
- Drane v. KingSupreme Court of Alabama · 1852
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