Griel v. Loftin
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis The appellee in this ease, Lethe Loftin, having obtained a judgment in October, 1873, at a regular term of said City Court, against Bobert T. Eorbes, sued out a garnishment on said judgment on the 15th January, 1877, and summoned Jacob Griel, the appellant, as the debtor of said Forbes.
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis The appellee in this ease, Lethe Loftin, having obtained a judgment in October, 1873, at a regular term of said City Court, against Bobert T. Eorbes, sued out a garnishment on said judgment on the 15th January, 1877, and summoned Jacob Griel, the appellant, as the debtor of said Forbes. The garnishee appeared, and filed an answer, denying any indebtedness ; and he also pleaded in abatement, on account of the insufficiency of the affidavit on which the garnishment was sued out. The plaintiff thereupon made the…
1Opinion of the CourtSomebyille, J.
— It has been uniformly held, and long since settled, in this State, that a proceeding by garnishment, to subject the funds of a defendant in attachment or execution to the judgment or debt of a creditor, is a suit, and, as such, is to be governed, as far as practicable, by the general rules of practice applicable to other suits. — Moore v. Stainton, 22 Ala. 831; Travis v. Tartt, 8 Ala. 574; 1 Brick. Digest, p. 173, § 276.
The general rule is, where a plaintiff has instituted a civil action, he has the right to dismiss or discontinue it at his own costs, at any time before verdict. This…
2Cases cited5 opinions
- Travis v. TarttSupreme Court of Alabama · 1845
- Cummings v. PrudenMassachusetts Supreme Judicial Court · 1814
- Moore v. StaintonSupreme Court of Alabama · 1853
- Breese v. AllenIndiana Supreme Court · 1859
- Howard v. BugbeeSupreme Court of Alabama · 1854
3Cited by5 opinions
- Garrett v. Mills.Supreme Court of Alabama · 1907
- Huffstutler v. Louisville Packing Co.Supreme Court of Alabama · 1908
- Pure Milk Co. v. SalterSupreme Court of Alabama · 1932
- McAbee v. ParkerSupreme Court of Alabama · 1887
- Davis v. EvansSupreme Court of Alabama · 1954