Harris v. Miller
Supreme Court of Alabama
Appeal from Hale Circuit Court. Tried before Hon. Geo. H. Cjraig. This was a contest of an exemption claimed by Frank M. Harris, the appellant, to a debt which William H. Locke owed him, and which William G. Miller, the appellee, sought, by process of garnishment, to subject to the payment of a judgment for $243.87, which he recovered on 18th April, 1877,' in the Circuit Court of Hale county against Harris.
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Appeal from Hale Circuit Court. Tried before Hon. Geo. H. Cjraig. This was a contest of an exemption claimed by Frank M. Harris, the appellant, to a debt which William H. Locke owed him, and which William G. Miller, the appellee, sought, by process of garnishment, to subject to the payment of a judgment for $243.87, which he recovered on 18th April, 1877,' in the Circuit Court of Hale county against Harris. The garnishment was issued on 11th July, 1877, and was served on the same day. The admissions and statements made by the garnishee in his answer, which was filed on 13th October, 1877,…
1Opinion of the CourtBrickell, C. J.
On first examination of this cause, we were of opinion there was no error in the record of injury to the appellant. Further examination has led us to a different conclusion. A garnishment is not an equitable proceeding. It is essentially a legal proceeding, assimilated to an attachment of personal property; and, in its nature and operation, is the institution of a suit by a creditor against the debtor of his debtor. Only such demands, as the debtor by an action at law in his own name can enforce, the creditor may reach and condemn by this remedy; and whatever defenses would prevail if the…
2Cases cited9 opinions
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
- Gimon v. DavisSupreme Court of Alabama · 1860
- McLean v. Presley's Adm'rSupreme Court of Alabama · 1876
- Stewart v. AndersonSupreme Court of Alabama · 1846
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Comer v. SheehanSupreme Court of Alabama · 1883
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Adams v. SayreSupreme Court of Alabama · 1884
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
29 more not listed; retrieve them via the Exa API.