Brooks v. Hildreth
Supreme Court of Alabama
ERROR to the Circuit Court of Marengo. Tried before the Hon. A. B. Moork. The plaintiff' in error being a judgment creditor of ODe Bobert B. Jones, caused a writ of garnishment to be served on Hildreth as tbe debtor of Jones.
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ERROR to the Circuit Court of Marengo. Tried before the Hon. A. B. Moork. The plaintiff' in error being a judgment creditor of ODe Bobert B. Jones, caused a writ of garnishment to be served on Hildreth as tbe debtor of Jones. Hildreth answered, stating that he received, and yet held, the sum of $295, under the following circumstances: One Stannard, who was a judgment creditor of B. B. Jones, had caused an execution in his favor to be levied on certain slaves; after tbe levy, Edward B. Mosley, as trustee for tbe wife of said Jones, interposed a claim to said slaves and executed a claim bond,…
1Opinion of the CourtLIGrON, J.
There was no error in allowing the claimant of the fund in controversy to show that the garnishee held it for him, and not for the defendant in execution. The ownership of the fund is the question at issue; and after the plaintiff in execution had shown that the money in the hands of the garnishee had once belonged to the defendant in execution, it was both competent and proper for the claimant to show, if he could, that the ownership had been changed, before the process of garnishment had been served, and that he had become entitled to it. The evidence objected to tended to establish this…
2Cases cited2 opinions
- Walke v. McGeheeSupreme Court of Alabama · 1847
- Baker v. MoodySupreme Court of Alabama · 1840
3Cited by11 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Rowland & Co. v. PlummerSupreme Court of Alabama · 1874
- Elam v. StateSupreme Court of Alabama · 1854
- Smith, Twogood & Co. v. Clarke & HenleySupreme Court of Iowa · 1859
- Clark v. FewSupreme Court of Alabama · 1878
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