Mayor of Mobile v. Rowland & Co.
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNstry. This case was submitted to the decision of the court below, as appears from the bill of exceptions, on the following agreed statement of facts: “ The plaintiffs (B. F. Rowland & Co.) regularly obtained their judgment, before a magistrate, against the defendant (H. C. Benje), for $21 26, besides costs.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNstry. This case was submitted to the decision of the court below, as appears from the bill of exceptions, on the following agreed statement of facts: “ The plaintiffs (B. F. Rowland & Co.) regularly obtained their judgment, before a magistrate, against the defendant (H. C. Benje), for $21 26, besides costs. The money not being made under execution on said judgment, a garnishment process was issued, in due form, and in strict accordance with the law, which garnishment was regularly served upon the city of Mobile. Said city,…
1Opinion of the CourtChilton, C. J.
—There is some difficulty in the main point involved in this case, namely, whether a public municipal corporation can bo garnisheed for a debt due, or to fall due, to one of its police officers as his salary. This question is for the first time presented to this court. True, the point was alluded to, in respect of corporations aggregate, in The Bank v. Poe. 1 Ala. 396, and The Bank v. Leavens, 4 ib. 753; but in neither case was it decided. In the first, however, it was determined, that the answer of the cashier of the Bank to a summons of garnishment, was not sufficient to authorize a…
2Cases cited3 opinions
- Branch Bank v. PoeSupreme Court of Alabama · 1840
- President of the Union Turnpike Road v. JenkinsMassachusetts Supreme Judicial Court · 1806
- Wicks v. Branch Bank at MobileSupreme Court of Alabama · 1847
3Cited by30 opinions
- Cole v. White CountySupreme Court of Arkansas · 1877
- Wallace v. LawyerIndiana Supreme Court · 1876
- Brown v. GatesWest Virginia Supreme Court · 1879
- Burnham v. City of Fond du LacWisconsin Supreme Court · 1862
- City of Sherman v. ShobeTexas Supreme Court · 1900
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