Jefferson County Savings Bank v. Nathan
Supreme Court of Alabama
Appeal- from the Circuit Court of Colbert. Tried before the Hon. Ed. B. Almon. This was a garnishment proceeding. The appeal is prosecuted by Jefferson County Savings Bank from a judgment rendered by the circuit court against it upon its oral answer as garnishee. The facts and rulings of the court are sufficiently stated in the opinion.
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Appeal- from the Circuit Court of Colbert. Tried before the Hon. Ed. B. Almon. This was a garnishment proceeding. The appeal is prosecuted by Jefferson County Savings Bank from a judgment rendered by the circuit court against it upon its oral answer as garnishee. The facts and rulings of the court are sufficiently stated in the opinion. The court below erred in rendering judgment for plaintiff against the garnishee on its answer, because the answer showed that garnishee was not indebted to the defendant. There was no contest of the oral answer made by the garnishee. The contention of the…
1Opinion of the CourtHaralson, J.
On the 8th of March, 1902, the Jefferson County Savings Bank was garnished by J. H. Nathan and R. H. Wilhoyte, as debtors to one Eugene F. Enslen, against whom plaintiffs had recovered a judgment.
C. F. Enslen was the president of the garnishee, the Savings Bank. He answered in writing for the bank, on the 2d of April, 1902, in which he denied the indebtedness of the bank to said Euguene F. Enslen, by contract existing at the time of the service of the garnishment or since. His answer ivas unobjectionable as a general denial of the liability of the bank as garnishee on any account.
On the 10th…
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