Lundie v. Bradford
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. John Gill Shorter. ■The appellant, having obtained a judgment against James A. Fowler, summoned the appellee by process of garnishment as Fowler’s debtor; and the garnishee answered in writing as follows: “ Some time in the early part of the year -1851, James A. Fowler, by himself, and through Alexander White, Esq., furnished me with one hundred and fifty dollars in money, or thereabouts, and gave me (his note…
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Appeal from the Circuit Court of Talladega. Tried before the Hon. John Gill Shorter. ■The appellant, having obtained a judgment against James A. Fowler, summoned the appellee by process of garnishment as Fowler’s debtor; and the garnishee answered in writing as follows: “ Some time in the early part of the year -1851, James A. Fowler, by himself, and through Alexander White, Esq., furnished me with one hundred and fifty dollars in money, or thereabouts, and gave me (his note for ?) fifty-one dollars. In consideration of said money and note, executed to me on the 24th February, 1851, I agreed…
1Opinion of the CourtRice, J.
—Our first impression was, that the answer of the garnishee might fairly be construed as an admission, that the money he received from Fowler was received and held by him as the money of Fowler, which, if convenient, he would apply, under Fowler’s direction, to the payment of the government price for a quarter-section of land at the land-office at Lebanon for Fowler. But, upon careful examination, we find that the answer does not admit that the money has ever been the money of Fowler since the garnishee received it. On the contrary, it shows that the money became the money of the garnishee eo…
2Cases cited2 opinions
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