Legal Opinion
McMeans v. Schwartz
District Court, S.D. Alabama
Decided September 16, 1971No. Civ. A. 6374-70-PPublishedCited by 8 opinions
1Opinion of the Court
ORDER ON MOTION FOR SUMMARY JUDGMENT
PITTMAN, Chief Judge.
The facts of this case are not in dispute. The defendant, claiming that the plaintiff was indebted to him, filed suit in the Mobile County Court of General Sessions. Contemporaneously, pursuant to Code of Alabama, Tit. 7, § 996 et seq. (1958), a prejudgment garnishment was taken on plaintiff’s wages.
The plaintiff, arguing that his fourteenth amendment rights were violated by the issuance of the garnishment before a judgment was entered against him, brought this action. In addition to a declaration that the law is unconstitutional,…
2Cases cited3 opinions
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Claudine Hall v. Sylvia GarsonCourt of Appeals for the Fifth Circuit · 1970
- Klim v. JonesDistrict Court, N.D. California · 1970
3Cited by8 opinions
- Kirksey v. TheiligDistrict Court, D. Colorado · 1972
- United States General, Inc. v. SchroederDistrict Court, E.D. Wisconsin · 1975
- Roush v. RoushDistrict Court, S.D. West Virginia · 1991
- Skillman v. First State Bank of AltoonaSupreme Court of Alabama · 1977
- Western v. HodgsonDistrict Court, S.D. West Virginia · 1973
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