Roman v. Dimmick
Supreme Court of Alabama
Appeal from tlie Circuit Court of Montgomery. Tried before tlie I-Ion. J. C. Richardson. On May 23, 1896, P. W. White made affidavit that at the November term, 1895, of the Montgomery circuit court, the appellant, S. Roman, recovered a judgment against the Montgomery Iron Works for $2,200, and that he believed the appellee, J. W. Dimmick, was indebted to it, and process of garnishment was necessary to collect the debt.
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Appeal from tlie Circuit Court of Montgomery. Tried before tlie I-Ion. J. C. Richardson. On May 23, 1896, P. W. White made affidavit that at the November term, 1895, of the Montgomery circuit court, the appellant, S. Roman, recovered a judgment against the Montgomery Iron Works for $2,200, and that he believed the appellee, J. W. Dimmick, was indebted to it, and process of garnishment was necessary to collect the debt. On the same day a writ of garnishment was issued directing Dimmick to answer in accordance with the statute at the next term of court. This writ was served May 23, 1896. The…
1Opinion of the CourtHaralson, J.
1. The 1st and 2d assignments of error are without avail to appellant. If the court erred in excluding the evidence offered in the first instance, the error was cured by its subsequent admission.—McLendon v. Grice, 119 Ala. 513, 21 So. Rep. 846.
2. After the garnishee had answered fully on oral examination, the bill of evceptions recites: “This was in substance all of the garnishee’s answer, and thereupon plaintiff asked for a judgment upon the answer of the garnishee, and the garnishee asked for a discharge. After argument, the court said he would have to refuse the motion for a judgment, and…
2Cases cited11 opinions
- Elyton Land Co. v. Birmingham Warehouse & Elevator Co.Supreme Court of Alabama · 1890
- Montgomery Gas Light Co. v. Merrick & SonsSupreme Court of Alabama · 1878
- Nicrosi v. IrvineSupreme Court of Alabama · 1893
- Hall v. HendersonSupreme Court of Alabama · 1896
- Davis Bros. v. Montgomery Furnace & Chemical Co.Supreme Court of Alabama · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stone River National Bank v. Lerman Milling Co.Alabama Court of Appeals · 1913
- First National Bank v. DimmickSupreme Court of Alabama · 1912
- Gladden v. Columbiana Sav. BankSupreme Court of Alabama · 1938
- Belleview Cemetery Co. v. FaulksSupreme Court of Alabama · 1917
- Feore v. Mississippi Transportation Co.Supreme Court of Alabama · 1909
4 more not listed; retrieve them via the Exa API.