Stovall v. Hamilton
Alabama Court of Appeals
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. S. Hamilton had judgment against J. P; Myers, and after judgment had garnishment issued in aid thereof, and served upon J. M. Stovall. From a judgment against the garnishee he ap. peals.
1Opinion of the CourtThomas, J.
As a general rule, the plaintiff cannot, by process of garnishment, reach and subject to the payment of his debt against the defendant any demand which the defendant could not, at the time of the service of the writ of garnishment, have recovered of the garnishee in an action ex contractu. But this rule is subject to the exception that, if the demand has been fraudulently transferred or assigned by defendant, then, notwithstanding the defendant could not himself, on account of such transfer or assignment, recover of the garnishee, yet the plaintiff could do so, because the transfer or…
2Cases cited24 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Hodges v. WinstonSupreme Court of Alabama · 1891
- Fuller v. WhitlockSupreme Court of Alabama · 1892
- Archer v. People's Savings BankSupreme Court of Alabama · 1889
- Alexander v. Pollock & Co.Supreme Court of Alabama · 1882
19 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Booker T. Washington Burial Ins. Co. v. RobertsSupreme Court of Alabama · 1934
- Equitable Life Assur. Soc. v. RobertsSupreme Court of Alabama · 1934