Merrill & Bridges v. Vaughan
Supreme Court of Alabama
Appeal from the County Court of Cleburne. Tried before the Hon. T. J. Burton. This was a statutory trial of the right of property, which arose in the following manner: Amos Yaughan brought a suit on a stated account against Ed. Greenwood before a justice of the peace. In connection with said suit, an ancillary writ of garnishment was issued by the justice of the peace and was served upon the Southern Bailway Company.
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Appeal from the County Court of Cleburne. Tried before the Hon. T. J. Burton. This was a statutory trial of the right of property, which arose in the following manner: Amos Yaughan brought a suit on a stated account against Ed. Greenwood before a justice of the peace. In connection with said suit, an ancillary writ of garnishment was issued by the justice of the peace and was served upon the Southern Bailway Company. The Southern Bailway Company answered in writing that it was indebted to the defendant, Greenwood, in a certain amount, and suggested that Merrill & Bridges claimed title to the…
1Opinion of the CourtHaralson, J.
1. Although it does not expressly so appear, we must presume that a proper claim, as required by statute, was made by the claimants to the fund in the garnishee’s hands, and a proper issue was formed under the direction of the court between them and the plaintiff for the determination of the right of claimants to the fund admitted by the garnishee to be inits hands. — Code of 1886, §2985; Winslow v. Bracken, 57 Ala. 370; Reynolds v. Collins, 78 Ala. 94. This issue *441is collateral to the suit against the debtor and the suit by garnishment. A claimant is only collaterally interested in questions…
2Cases cited2 opinions
- Reynolds v. CollinsSupreme Court of Alabama · 1884
- Clark v. FewSupreme Court of Alabama · 1878
3Cited by3 opinions
- Georgia & Alabama Railway v. StollenwerckSupreme Court of Alabama · 1898
- Norwood & Co. v. Voorhees, Miller & Co.Supreme Court of Alabama · 1900
- Nash v. S. M. Braman Co.Supreme Court of Minnesota · 1941