First National Bank v. Dimmick
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. W. H. Thomas. The First National Bank had judgment against the • Montgomery Iron Works, and in aid thereof procured garnishment to issue and be served upon J. W. Dim-mick. From a judgment for the garnishee plaintiff appeals.
1Opinion of the CourtDowdell, C. J.
Prior to the Code of 1852 there was no provision in the statutes authorizing a written answer by a garnishee in garnishment proceedings, the statute requiring him to answer orally in court. But notwithstanding the statutes at that time made no provision for written answers by garnishees, a practice coeval with the statute sprung up, of making written answers when done with the consent of the court. It was within the discretion of the court to receive it or not. Under the rule then existing the answer, whether oral or written, formed no part of the record unless made so by some act of the…
2Cases cited9 opinions
- Lewis v. Dubose & Co.Supreme Court of Alabama · 1856
- Lehman, Durr & Co. v. Hudmon Bros.Supreme Court of Alabama · 1885
- Friedman Bros. v. Cullman Building & Loan Ass'nSupreme Court of Alabama · 1899
- Stubblefield v. HagertySupreme Court of Alabama · 1840
- Roman v. DimmickSupreme Court of Alabama · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gulf States Steel Co. v. Houston Furniture Co.Alabama Court of Appeals · 1926
- Piper Ice Cream Co. v. J. L. Walker & Co.Supreme Court of Alabama · 1944
- State ex rel. Schauer v. RisjordWisconsin Supreme Court · 1924
- Barber v. Alabama Great Southern R. Co.Alabama Court of Appeals · 1931
- Bowen v. CrowAlabama Court of Appeals · 1932
3 more not listed; retrieve them via the Exa API.