Gatchell & Co. v. Foster
Supreme Court of Alabama
Appeal from the City Coart of Anniston. Tried before the Hon. B. F. Cassady. The record in this case shows these facts; On the 17th December, 1889, a writ of garnishment at the suit of A. D. Gatchell, or Gatchell & Co., was sued out and served on J. D. Foster, as the debtor of W. T. Farrar; but whether on a judgment, or in aid of a pending suit, the record does not show.
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Appeal from the City Coart of Anniston. Tried before the Hon. B. F. Cassady. The record in this case shows these facts; On the 17th December, 1889, a writ of garnishment at the suit of A. D. Gatchell, or Gatchell & Co., was sued out and served on J. D. Foster, as the debtor of W. T. Farrar; but whether on a judgment, or in aid of a pending suit, the record does not show. On the 14th January, 1890, the garnishee appeared, and answered: “On or about the 2d November, 1889, he and J. H Litchenwalter bought the stock of said W. T. Farrar in the A. N. & F. Manufacturing Company, and executed their…
1Opinion of the CourtClopton, J.
— The object of this proceeding, instituted by appellee, is the supersedeas and vacation of an execution issued on a judgment rendered against him February 18,1890. *624The judgment was rendered on his answer to a writ of garnishment sued out by appellants in a pending suit brought bty them against W. T. Farrar. The garnishment proceedings leading to, but exclusive of the judgment, seem to be regular. It appears, however, from the petition for supersedeas and the exhibits thereto, that the indebtedness admitted in the answer of the garnishee was evidenced by promissory notes payable at the First…
2Cases cited6 opinions
- Randolph v. LittleSupreme Court of Alabama · 1878
- Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882
- Gravett v. MaloneSupreme Court of Alabama · 1875
- Mills & Co. v. StewartSupreme Court of Alabama · 1847
- Branch Bank at Mobile v. ColemanSupreme Court of Alabama · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- A. J. Harwi Hardware Co. v. KlippertSupreme Court of Kansas · 1903
- First National Bank v. DunnSupreme Court of Alabama · 1893
- Wohl v. First National BankSupreme Court of Alabama · 1908
- Hodges v. WilesAlabama Court of Appeals · 1939