Sun Insurance v. Doster-Northington Drug Co.
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Dtsqtje. Assumpsit by the Doster-Northington Drug Company against O. H. Saxon, in which the Sun Insurance Company of New Orleans was made garnishee.
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Appeal from Gadsden City Court. Heard before Hon. John H. Dtsqtje. Assumpsit by the Doster-Northington Drug Company against O. H. Saxon, in which the Sun Insurance Company of New Orleans was made garnishee. Judgment by default was taken against Saxon, and, the answer of the Sun Insurance Company denying the indebtedness being contested, a judgment against the garnishee by default was rendered, which recited that the garnishee failed to appear and answer the contest of the answer of said garnishee. The garnishee appeals. The court erred in the judgment rendered. — Curtis v. Parker, 136 Ala.…
1Opinion of the CourtMayfield, J.
A judgment by default cannot be rendered against a garnishee who has fully answered and denied all indebtedness or liability. Garnishment is purely a statutory proceeding, and judgment by default against the garnishee is not provided for in our statutory proceedings; and certainly such judgment is unwarranted, after the garnishee has answered fully, as *574required by the statute and as directed by the writ, and in such answer has denied all indebtedness and all possible liability to the defendant. If the garnishee fails to appear and answer, the statute (section 4324 of the Code of 1907)…
2Cases cited2 opinions
- Elmore v. Simon & Bro.Supreme Court of Alabama · 1880
- Bolling v. SmithSupreme Court of Alabama · 1885
3Cited by6 opinions
- Pettus v. Dudley Bar Co.Supreme Court of Alabama · 1928
- Ex Parte OvertonSupreme Court of Alabama · 2007
- Shepherd Motor Co. v. Henderson Land & Lumber Co.Supreme Court of Alabama · 1925
- Dobson v. VickSupreme Court of Alabama · 2009
- Fruitticher v. EbersoleAlabama Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.