Mobile & Ohio Railroad v. Whitney & Co.
Supreme Court of Alabama
Appeal from tbe City Court of Mobile. Tried before tbe Hon. Ales. McKjnstry. This action was brought by J P. Whitney & Co., against Thomas J. Casey & Co., and was commenced by original attachment, sued out on the 3d May, 1858, on the ground that the defendants were non-residents, and had not sufficient property or effects in the State of their residence to satisfy the debt.
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Appeal from tbe City Court of Mobile. Tried before tbe Hon. Ales. McKjnstry. This action was brought by J P. Whitney & Co., against Thomas J. Casey & Co., and was commenced by original attachment, sued out on the 3d May, 1858, on the ground that the defendants were non-residents, and had not sufficient property or effects in the State of their residence to satisfy the debt. The appellant was summoned, by process of garnishment, as the debtor of said Casey & Co., and, through its treasurer, filed an answer, the material parts of which are stated in the opinion of the court. Notice was issued…
1Opinion of the CourtStone, J.
The answer of the garnishee in this case states, that, before answering, notice had been given to it that one Eenshaw claimed that the indebtedness of garnishee had been assigned to him, for the benefit of the creditors of Thos. J. Casey & Co., the attachment debtors. Upon this answer, no judgment could have been rendered against the garnishee, without a compliance with the terms of the statute—Code, § 2549 et seq.—See King v. Murphy, 1 Stew. 228; Robinson v. Rapelye, 2 Stew. 86; Colvin v. Rich, 3 Porter, 175; Stubblefield v. Haggerty, 1 Ala. 38.
The plaintiff in attachment, however, has…
2Cases cited17 opinions
- Cockrell v. GurleySupreme Court of Alabama · 1855
- Drake v. GloverSupreme Court of Alabama · 1857
- Robinson v. RapelyeSupreme Court of Alabama · 1829
- Harrell v. WhitmanSupreme Court of Alabama · 1851
- Colvin v. RichSupreme Court of Alabama · 1836
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3Cited by4 opinions
- Saller Lewin & Co. v. Insurance Co. of North AmericaSupreme Court of Alabama · 1878
- Leslie v. Merrill, Fitch & AllenSupreme Court of Alabama · 1877
- Molton & Falkner v. Escott & SonsSupreme Court of Alabama · 1873
- Boyd & Boyd v. CobbsSupreme Court of Alabama · 1873