Jenkins v. Leader
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwm. J. A. Jeukins recovered judgment against oue Pettigrew, and had garnishment issued thereon and served upon A. S. Leader. From a judgment discharging garnishee on his answer, plaintiff appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwm. J. A. Jeukins recovered judgment against oue Pettigrew, and had garnishment issued thereon and served upon A. S. Leader. From a judgment discharging garnishee on his answer, plaintiff appeals. On the facts stated, the garnishee was indebted to defendant, and the court erred in rendering judgment discharging the garnishee. — White v. Kahn, 103 Ala. 308; Alexander v. Poliak, 72 Ala. 137; Archer v. Peoples Sew?. Bank, 88 Ala. 219; Gray v. Perry Echo. Go., Ill Ala. 535; Ely v. Blacker, 112 Ala. 317. The court does not presume an…
1Opinion of the Court
WALKER, P. J. —
The contract between the defendant and the garnishee, under' which the former ran a barroom belonging to the latter, was as follows: The defendant’s compensation was $15 a week, which he had the right to take at any time out of the money he took in; he being required to pay to the garnishee all the money he took in except the $15 per week. If the defendant did not take in over $15 per week, the garnishee got nothing, and the defendant’s getting $15 per week was dependent on his taking in that much during the week. In the course of his oral answer the garnishee stated: “I do not…
2Cases cited5 opinions
- Archer v. People's Savings BankSupreme Court of Alabama · 1889
- Alexander v. Pollock & Co.Supreme Court of Alabama · 1882
- Ely v. BlackerSupreme Court of Alabama · 1895
- Gray v. Perry Hardware Co.Supreme Court of Alabama · 1895
- Montgomery Candy Co. v. Wertheimer-Swarts Shoe Co.Alabama Court of Appeals · 1911
3Cited by1 opinion
- Western Casualty & Surety Co. v. National Mut. Casualty Co.Court of Appeals for the Fifth Circuit · 1941