Roman v. Baldwin
Supreme Court of Alabama
Appeal, from Montgomery Circuit Court. Tried before Hon. John B. .Tyson. This ivas a garnishment on a judgment. The facts are stated in the opinion. The rulings of the court in discharging the garnishee, and overruling plaintiff’s motion to require an oral examination of the garnishee, are assigned as error. cited, Code of 1896, §§2196, 2175, 594; Steiner v. Bank, 22 So. 30; Talladega Mer. Go. v. McDonald, 97 Ala. 508; Wright v. Swanson, 46 Ala. 708; Wap.
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Appeal, from Montgomery Circuit Court. Tried before Hon. John B. .Tyson. This ivas a garnishment on a judgment. The facts are stated in the opinion. The rulings of the court in discharging the garnishee, and overruling plaintiff’s motion to require an oral examination of the garnishee, are assigned as error. cited, Code of 1896, §§2196, 2175, 594; Steiner v. Bank, 22 So. 30; Talladega Mer. Go. v. McDonald, 97 Ala. 508; Wright v. Swanson, 46 Ala. 708; Wap. Att. & Gar. 470 et seq.; Ensley Fur. Go. v. Bogan, 95 Ala. 594; Buford v. Welborn, 6 Ala. 818. cited, Code of 1896, §§2187, 2196, 2175;…
1Opinion of the CourtColeman, J.
At the spring term of the circuit court, 1897, the appellees, who had been summoned as garnishees, filed a written answer, denying indebtedness, and prayed to be discharged. No order was made upon the answer in the garnishment case at that term, and the case seems to have been continued generally. At the fall term, 1897, the plaintiff moved the court that the garnishees be required to answer orally, and the garnishees moved for their discharge. The court refused the motion that garnishees be required to answer orally, and entered judgment discharging the garnishees, basing its action, as…
2Cases cited5 opinions
- Talladega Mercantile Co. v. McDonaldSupreme Court of Alabama · 1892
- Grates v. CooperSupreme Court of Alabama · 1845
- Cross v. SpillmanSupreme Court of Alabama · 1890
- Buford v. WelbornSupreme Court of Alabama · 1844
- Wright v. SwansonSupreme Court of Alabama · 1871
3Cited by7 opinions
- State Ex Rel. St. Peter's M. Baptist Church v. SmithSupreme Court of Alabama · 1927
- Jefferson County Savings Bank v. NathanSupreme Court of Alabama · 1903
- First National Bank v. DimmickSupreme Court of Alabama · 1912
- Piper Ice Cream Co. v. J. L. Walker & Co.Supreme Court of Alabama · 1944
- Barber v. Alabama Great Southern R. Co.Alabama Court of Appeals · 1931
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