Fortune v. State Bank
Supreme Court of Alabama
Wkit of Error to the County Court of Tuscaloosa. The defendant in error having sued out an attachment against the estate of Thomas Amis, caused a garnishment to be served on the plaintiff, requiring him to state on oath what he was indebted, &c. to the defendant in attachment.
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Wkit of Error to the County Court of Tuscaloosa. The defendant in error having sued out an attachment against the estate of Thomas Amis, caused a garnishment to be served on the plaintiff, requiring him to state on oath what he was indebted, &c. to the defendant in attachment. The garnishee appeared and answered that in the spring of 1840, he was indebted to Junius Amis in the sum of four thousand dollars, he then paid about one thousand dollars, and Junius informed him that he should give the control of the balance to Thomas Amis, to be used by him for his own purposes; that at the time the…
1Opinion of the CourtCollier, C. J.
It has been repeatedly decided by this Court, to authorize a judgment against a garnishee,his answer must contain a distinct admission of a debt due or to become due to the defendant in the principal cause. [Allen v. Morgan, 1 Stew. Rep. 9; Presnall v. Mabry, 3 Porter’s Rep. 105; Smith v. Chapman, 6 id. 365; Stubblefield v. Hagerty, 1 Ala. Rep. 38; Mims v. Parker & Coffman, id. 421; Foster, Nostrand & Co. v. Walker, 2 Ala. Rep. 177.] In the case at bar the answer of the garnishee does not admit that he owes the defendant any thing, but it is a mere admission that he is indebted in a sum…
2Cases cited4 opinions
- Stubblefield v. HagertySupreme Court of Alabama · 1840
- Foster, Nostrand & Co. v. WalkerSupreme Court of Alabama · 1841
- Allen v. MorganSupreme Court of Alabama · 1827
- Baker v. MoodySupreme Court of Alabama · 1840
3Cited by9 opinions
- White v. KahnSupreme Court of Alabama · 1893
- Lewis v. Dubose & Co.Supreme Court of Alabama · 1856
- Decatur, Chesapeake & New Orleans Railway Co. v. CrassSupreme Court of Alabama · 1892
- President of the Maryland Fire Insurance v. WhitefordCourt of Appeals of Maryland · 1869
- Curry v. WoodwardSupreme Court of Alabama · 1870
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