Archer v. People's Savings Bank
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. ¥i. E. Clarke. Tbe appellant in this case, Tbos. J. Archer, recovered a judgment in the Circuit Court of Mobile, on the 26th May, 1885, against Baker, Lawler & Co., a partnership of which J. W. Whiting was a member; and on the 17th July, 1885, he sued out a garnishment on it against the People’s Savings Bank of Mobile, of which said Whiting was president, seeking to subject a supposed indebtedness of the bank to…
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Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. ¥i. E. Clarke. Tbe appellant in this case, Tbos. J. Archer, recovered a judgment in the Circuit Court of Mobile, on the 26th May, 1885, against Baker, Lawler & Co., a partnership of which J. W. Whiting was a member; and on the 17th July, 1885, he sued out a garnishment on it against the People’s Savings Bank of Mobile, of which said Whiting was president, seeking to subject a supposed indebtedness of the bank to him. On the 16th December, 1885, an answer was filed by the garnishee, verified by the affidavit of its cashier, stating…
1Opinion of the CourtSomerville, J.
If the garnishee, at the time of service of the garnishment, or at the time of making the answer, or at any time intervening between these two periods, was indebted to the defendant Whiting, or if there was then existing a valid and binding contract by which such indebtedness would accrue in the future, this debt, unless exempted from legal process, was subject to garnishment, and the garnishing creditor would obtain a lien on it from the time of the service of the summons on the garnishee. — Code, 1876, §§ 3268-3269; Code, 1886, §§ 2945-2946. The test must be, as uniformly and many times…
2Cases cited6 opinions
- Alexander v. Pollock & Co.Supreme Court of Alabama · 1882
- Skipper v. FosterSupreme Court of Alabama · 1856
- Fowler v. WilliamsonSupreme Court of Alabama · 1875
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