Legal Opinion

Barber v. Ferrill

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 3 opinions

APPEAL from Circuit Court of Crenshaw. Tried before the Hon. P. O. Harper. This stilt was brought to recover damages for the breach ■of a bond given under section 2892 of the Revised Code, • authorizing creditors who have commenced suit by summons and complaint to garnishee any person supposed to be indebted to defendant on affidavit of the amount due, • and by giving bond as in attachment cases.

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APPEAL from Circuit Court of Crenshaw. Tried before the Hon. P. O. Harper. This stilt was brought to recover damages for the breach ■of a bond given under section 2892 of the Revised Code, • authorizing creditors who have commenced suit by summons and complaint to garnishee any person supposed to be indebted to defendant on affidavit of the amount due, • and by giving bond as in attachment cases. Action was •brought before the determination .of the suit in which the garnishment was issued. “ The condition of the bond (sued •upon) is such, that whereas the above bound George A. Fer-rill has…

1Opinion of the CourtStone, J.

1. Demurrers, under our statute, must be to matters of substance, and such matter of substance must be specified. Objections, not distinctly stated in the demurrer, are not allowed. — Revised Code, § 2656 ; 2 Brick. Dig. 346-7, §§ 275, 277, 279, 280, 281, 283, 285.

2. There is only one ground of demurrer specified in this ease, namely, that the suit is prematurely brought, being brought before the determination of the cause in which the bond was executed. We think this ground not well taken. Garnishment, under our statute, is but a species of attachment ; or, in some cases, a mode of levying…

2Cases cited1 opinion

  1. McLemore v. ColeSupreme Court of Alabama · 1869

3Cited by3 opinions

  1. Dishman v. GriffisSupreme Court of Alabama · 1916
  2. Jones v. Preuit & MauldinDistrict Court, N.D. Alabama · 1984
  3. Goldstein v. NoblesSupreme Court of Alabama · 1916

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