South & North Alabama Railroad v. Falkner
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John Elliott. The appellee in this case, having obtained a judgment against F. M. Gilmer in January, 1869, sued out a garnishment on the 14th January, 1870, against the appellant, as the debtor of said Gilmer.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John Elliott. The appellee in this case, having obtained a judgment against F. M. Gilmer in January, 1869, sued out a garnishment on the 14th January, 1870, against the appellant, as the debtor of said Gilmer. At the June Term, 1870, the garnishee appeared, by its secretary and treasurer, and filed an answer in writing, “ which the plaintiff declined to contest, but .moved to continue the cause for further answer; but the garnishee, by attorney, objected to any continuance of the cause and asked to be discharged; which two…
1Opinion of the CourtB. F. Saffold, J.
— The appellee, having a judgment against F. M. Gilmer, sued out a garnishment against the appellant as his debtor. The company answered that Gilmer was its president; that his salary had not been fixed by the board of directors, but that, of his two immediate predecessors was $6,000 a year; that he had not been paid anything; that he had a large amount of money and other property belonging to the company in his hands; but he was not a defaulter, and there was no complaint of his mismanagement. The court overruled a motion to discharge the garnishee on this answer, and continued the cause to…
2Cases cited2 opinions
- Skipper v. FosterSupreme Court of Alabama · 1856
- Ex Parte South & North Alabama RailroadSupreme Court of Alabama · 1870
3Cited by14 opinions
- Deecy Products Co. v. WelchCourt of Appeals for the First Circuit · 1941
- First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
- Campfield v. LangU.S. Circuit Court for the District of Eastern Wisconsin · 1885
- Carnley v. MooreSupreme Court of Alabama · 1928
- Epps v. EppsAppellate Court of Illinois · 1885
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