Crawford v. Clute
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Assumpsit by the defendants in error, as indorsees of a promissory note, made by the plaintiff in error, to one D. Jones.
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Error to the Circuit Court of Mobile. Assumpsit by the defendants in error, as indorsees of a promissory note, made by the plaintiff in error, to one D. Jones. To a declaration in the usual form, the defendants pleaded as follows : The said William Crawford comes in proper person, and defends the wrong and injury, &c., and for plea saith — that on the 29th day of July, in the year 1839, a writ of garnishment issued from the Circuit Court of the United States, in and for the Ninth Judicial Circuit, at the instance, and in the name of Waldron, Thomas & Co., commanding the said William Crawford…
1Opinion of the CourtOrmond, J.
— We think it perfectly clear, both upon principle and authority, that the matter of this plea is good in abatement. The attaching creditor by the service of the garnishment has acquired a lien on the debt in the hands of the defendant, and we must presume that the Circuit Court of the United States having acquired jurisdiction over the subject, will enforce the prior right, which the plaintiff in the attachment has acquired by the levy of the garnishment, even if this Court should disregard it. As it is not certain that the plaintiff in attachment will be able to enforce his lien, the…
2Cases cited1 opinion
- Embree & Collins v. HannaNew York Supreme Court · 1809
3Cited by12 opinions
- Barnsdall v. WaltemeyerCourt of Appeals for the Eighth Circuit · 1905
- Warfield v. CampbellSupreme Court of Alabama · 1863
- Crawford v. SladeSupreme Court of Alabama · 1846
- Mills & Co. v. StewartSupreme Court of Alabama · 1847
- Clark v. MarbourgSupreme Court of Kansas · 1885
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