Legal Opinion

Kling v. Tunstall

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 5 opinions

Appeal from the Circuit Court of Baldwin. Tried before the Hon. James T. Jones. Most of the material facts are stated in the opinion.

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Appeal from the Circuit Court of Baldwin. Tried before the Hon. James T. Jones. Most of the material facts are stated in the opinion. The final judgment was as follows: “It appearing to the court that heretofore, at the present term of the court, towit, on the 1st day of May, 1894, a judgment was rendered upon a contest of the answer of August Kling, a garnishee in the above entitled cause, ascertaining and adjudging that the said garnishee was, at the time of the service of the garnishment upon him, indebted to the defendants in the sum of $334.43, and had in fils possession and under his…

1Opinion of the CourtHead, J.

The appellee, Tunstall, sold property to David M. Paxton and John C. Williams, Sr., and, they being indebted to him on account thereof, he instituted suit against them by attachment, and caused appellant, Kling, to be summoned as garnishee. Complaint was regularly filed, and judgment obtained against the defendants. Judgment was rendered against the garnishee, upon contest of his answer of not indebted, &c., and from that judgment he prosecutes this appeal.

The garnishee, Kling, had loaned the defendants $3,500, the payment of which they had secured by Buortgage on certain mill property. -On…

2Cited by5 opinions

  1. Webb v. ButlerSupreme Court of Alabama · 1915
  2. Dolenty v. Rocky Mountain Bell Telephone Co.Montana Supreme Court · 1910
  3. Kling v. TunstallSupreme Court of Alabama · 1899
  4. Protective Life Ins. Co. v. ThomasSupreme Court of Alabama · 1931
  5. Melton Hardware Co. v. HeidelbergMississippi Supreme Court · 1907

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