Clark v. Mobile School Commissioners
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. The appellees ia this case were summoned by process of garnishment,' on the 6th March, 1860, as the debtors of Charles Mareehal, against whom the appellants had obtained a judgment, in the circuit court of said county, on the 21st April, 1859. The garnishees appeared, and answered, by way of plea, that they were a public corporation under the act of 1854, entitled “An act to regulate the system of…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. The appellees ia this case were summoned by process of garnishment,' on the 6th March, 1860, as the debtors of Charles Mareehal, against whom the appellants had obtained a judgment, in the circuit court of said county, on the 21st April, 1859. The garnishees appeared, and answered, by way of plea, that they were a public corporation under the act of 1854, entitled “An act to regulate the system of public schools of the county of Mobile,” (Session Acts 1853-4, p. 190 ;) and therefore prayed that the garnishment might…
1Opinion of the Court
A. J. WALKER, O. J.
The Mobile school commissioners certainly constitute a municipal or public corporation. In the Mayor and Aldermen of Mobile v. Rowland, (26 Ala. 498;) it was decided, that such corporations are not amenable" to the process of garnishment; and the legislature, by a special enatment, bringing private 'corporations within the operation of the garnishment law, has very clearly manifested a positive design to leave municipal corporations free from the influence of such law. Pamphlet Acts of 1855-56, p. 6. We think, therefore, it is certain that municipal corporations are not…
2Cases cited1 opinion
- Mayor of Mobile v. Rowland & Co.Supreme Court of Alabama · 1855
3Cited by9 opinions
- Brown v. GatesWest Virginia Supreme Court · 1879
- Horton v. Mobile School CommissionersSupreme Court of Alabama · 1869
- Roeller v. AmesSupreme Court of Minnesota · 1885
- Buchanan v. A. B. Spencer Lumber Co.Court of Appeals of Texas · 1911
- McKemie v. GormanSupreme Court of Alabama · 1880
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