Legal Opinion

Terry & Bro. v. Hughes & Co.

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 3 opinions

Garnishment in aid of Pending Action. Appear from the Circuit Court of Jefferson. Tried before the Hon. James B. Heat).

1Opinion of the CourtClopton, J.

— The action was commenced by summons and complaint by appellants against appellees, May 17, 1889. The plaintiffs sued out a writ of garnishment against R. S. Terry, on the same da}r, in aid of the pending suit. It being admitted that the garnishee was one of the plaintiffs, the court, on motion of defendants, quashed the garnishment, May 3, 1890. The suit is still pending. The appeal is taken from the judgment quashing the garnishment. There is no statute authorizing an-appeal from such interlocutory order, and no final judgment having been rendered, the appeal must be dismissed.

Appeal…

2Cited by3 opinions

  1. Davis v. McCollochSupreme Court of Alabama · 1914
  2. Pleasant Valley Farms & Morey Condensery Co. v. CarlSupreme Court of Florida · 1925
  3. Ex parte HeadleySupreme Court of Alabama · 1963

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