Legal Opinion

Wohl v. First National Bank

Supreme Court of Alabama

Decided April 9, 1908PublishedCited by 1 opinion

Appeal from Gadsden City Court. Heard before Hon. John H. Disqtje. Garnishment proceedings by the First National Bank of- Gadsden against M. Wohl. Prom a judgment against the garnishee, he appeals. Attachments at the instance of the First National Bank of Gadsden against Silberman & Todes, service of which was perfected by garnishment issued by the sheriff and served upon M. Wohl.

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Appeal from Gadsden City Court. Heard before Hon. John H. Disqtje. Garnishment proceedings by the First National Bank of- Gadsden against M. Wohl. Prom a judgment against the garnishee, he appeals. Attachments at the instance of the First National Bank of Gadsden against Silberman & Todes, service of which was perfected by garnishment issued by the sheriff and served upon M. Wohl. The garnishee answered on the 6th day of April, 1907. denying any indebtedness, unless he be indebted as follows: By one promissory note executed by garnishee on December 20, 1906, to Silberman & Todes for $200.33,…

1Opinion of the CourtAnderson, J.

The statute (section 2191 of the Code of 1896) authorizes judgment against the garnishee on his answer only when said answer admits an indebtedness to the defendant. The answer in the case at bar denies any indebtedness to the defendant, unless it be upon certain negotiable notes therein described. The last three notes did not mature until after the answer and judgment against the garnishee. The maker was not, therefore, chargeable as garnishee of the payee while these notes were still current as negotiable paper *335and subject to be transferred to a bona fide purchaser without notice before…

2Cases cited1 opinion

  1. Gatchell & Co. v. FosterSupreme Court of Alabama · 1891

3Cited by1 opinion

  1. Hodges v. WilesAlabama Court of Appeals · 1939

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