Craft & Co. v. Summersell
Supreme Court of Alabama
Garnishment in aid of ■ Pending Action. Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant in this case, John Craft, doing business under thé name of Craft & Co., commenced suit by summons and complaint, in that name, against Charles H. Bostwick; and sued out garnishments, June 28th, 1889, in aid of the action, against John F. Summersell and others, as the debtors of said Bostwick.
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Garnishment in aid of ■ Pending Action. Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant in this case, John Craft, doing business under thé name of Craft & Co., commenced suit by summons and complaint, in that name, against Charles H. Bostwick; and sued out garnishments, June 28th, 1889, in aid of the action, against John F. Summersell and others, as the debtors of said Bostwick. Summersell, who was the city clerk of Mobile, filed a written answer, denying any indebtedness to said Bostwick ; and being afterwards required to answer orally, he further…
1Opinion of the CourtStone, C. J.
— The demand sought to be reached by the process of garnishment is not such a claim as the debtor, the defendant in this garnishment proceeding, could recover from the garnishee in debt, or indebitatus assumpsit. The gar*432niC ee was, therefore, rightly discharged- — Nat. Com. Bank v. Miller, 77 Ala. 168; Henderson v. Ala. Gold Life Ins. Co., 72 Ala. 32; Godden v. Pierson, 42 Ala. 370; Teague v. LeGrand, 85 Ala. 493.
Furthermore, the property, which the garnishee’s answer disclosed heffiad in his possession, were cheques, or choses in action, which are not subjects of garnishment. — Levisohn v.…
2Cases cited7 opinions
- National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884
- Henderson v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1882
- Godden v. PiersonSupreme Court of Alabama · 1868
- Teague, Barnett & Co. v. LeGrandSupreme Court of Alabama · 1888
- Jones v. NorrisSupreme Court of Alabama · 1841
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hoffman Chevrolet, Inc. v. Washington County National Savings BankCourt of Appeals of Maryland · 1983
- Cottingham v. Greely Barnham Grocery Co.Supreme Court of Alabama · 1900
- Nicrosi v. IrvineSupreme Court of Alabama · 1893
- A. Klipstein & Co. v. Allen-Miles Co.Court of Appeals for the Fifth Circuit · 1905
- Rushton v. DavisSupreme Court of Alabama · 1899
2 more not listed; retrieve them via the Exa API.