Hannis Distilling Co. v. Lanning
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by W. O. Lanning and others, against the Hannis Distilling Company to perpetually enjoin respondents and the sheriff from proceeding against complainants under a judgment rendered by a law court in a garnishment proceeding, wherein they were sureties for the judgment defendant. From a decree for complainants, respondents appeal.
1Opinion of the CourtSayre, J.
Complainants (appellees), on request of J. D. Evans, who' had been sued, signed a bond for the -dissolution of a garnishment and the discharge of garnishees who had been brought in, according to provisions of section 4313 of the Code. This bond was approved by the clerk of the court in which the proceeding was pending, although it was not signed by Evans, and the garnishees were accordingly discharged. Afterwards judgment was rendered against Evans and complainants in this bill; this in pursuance, as doubtless the court intended, of the following provisions of the above section: “And upon the…
2Cases cited5 opinions
- United States Fidelity & Guaranty Co. v. Union Trust & Savings Co.Supreme Court of Alabama · 1904
- Gravett v. MaloneSupreme Court of Alabama · 1875
- Gay v. MurphySupreme Court of Missouri · 1896
- Bromberg v. Fidelity & Deposit Co.Supreme Court of Alabama · 1903
- Heirs of Hoggatt v. CrandallSupreme Court of Louisiana · 1887
3Cited by5 opinions
- Cosby v. MooreSupreme Court of Alabama · 1953
- National Surety Co. v. StateSupreme Court of Alabama · 1929
- Birmingham News Co. v. MoseleySupreme Court of Alabama · 1932
- Ingram v. EvansSupreme Court of Alabama · 1933
- Watson v. WhiteSupreme Court of Alabama · 1927