Louisville & Nashville Railroad v. Steiner
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. I). Sayre. Appellees instituted an attachment proceeding against Forrester & Sons, who were non-residents of this State, and sought to subject by garnishment against the appellant a debt due by it 'to the -defendants in attachment.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. I). Sayre. Appellees instituted an attachment proceeding against Forrester & Sons, who were non-residents of this State, and sought to subject by garnishment against the appellant a debt due by it 'to the -defendants in attachment. The garnishee answered that it was a'foreign -corporation and was indebted to the. defendants, who were residents of the State of Florida, upon a contract- made, and to be performed in that State. The answer also alleged that garnishment proceedings had been instituted' and served upon appellant in…
1Opinion of the CourtSharpe, J.
In L. & N. R. R. Co. v. Dooley, 78 Ala. 524, this court held that a debt due by a foreign corporation which was neither made nor in any part to be performed in this State was not subject to. garnishment here. The ground of the decision was, primarily, that the suit was in the nature of a proceeding in. rein, and the court lacked power to reach and subject the debt or to make any binding disposition of it. For this reason it was further considered that the court could not by virtue of garnishment process in such case acquire jurisdiction to render judgment against the defendant in the original…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. DooleySupreme Court of Alabama · 1885
- Ala. Great Southern Railroad v. ChumleySupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. NashSupreme Court of Alabama · 1897
3Cited by3 opinions
- Garrett v. GarrettColorado Court of Appeals · 1971
- Planters Chemical & Oil Co. v. Waller &. Co.Supreme Court of Alabama · 1909
- Shuttleworth & Co. v. Marx & Co.Supreme Court of Alabama · 1909