Mann v. Buford
Supreme Court of Alabama
Writ of error to the Circuit Court of Barbour county. THE defendant was garnisheed as a debtor of one Robert F. Lanier, against whom the plaintiff had previously obtained a judgment, as there is reason to infer from the record; but this judgment is not set out.
Read the full summary
Writ of error to the Circuit Court of Barbour county. THE defendant was garnisheed as a debtor of one Robert F. Lanier, against whom the plaintiff had previously obtained a judgment, as there is reason to infer from the record; but this judgment is not set out. The garnishee was served with process, appeared and answered as follows: That he, or one Hans-ford, his partner in the practice of law, since deceased, received for collection, (from whom he knew not, but supposes it was from the defendant in execution, as the note was sued in his name) one note, made by William J. Grimes, payable to…
1Opinion of the CourtGoldthwaite, J.
1. An attorney is not exempt from garnishee process, in consequence of the connexion which exists between him and the courts of law. He is not an officer of the law, although the courts frequently exercise a summary control over him, but this is only for the advancement of justice, by compelling the performance of well known duties to his clients, who are suitors in the courts. For every other purpose, he is the mere agent for his client and when he also becomes his debtor, he may be garnisheed, as any other person.
2. It is supposed, in the argument which the garnishee has submitted, that the…
2Cases cited1 opinion
- Smith v. Chapman & BrotherSupreme Court of Alabama · 1838
3Cited by3 opinions
- Pruitt v. ArmstrongSupreme Court of Alabama · 1876
- Self v. KirklandSupreme Court of Alabama · 1854
- Tressler v. LuntSuperior Court of Delaware · 1932