Burgin v. Ivy Coal & Coke Co.
Supreme Court of Alabama
Appeal from tire Circuit Court of Jefferson. Tried before tlie Hon. A. A. Coleman. Tliis was a proceeding instituted by tlie appellant, J. G. Burgin, in a court of a justice of tlie peace of Jefferson county, to revive a judgment against tlie appellee, tlie Ivy Coal & Coke Company, which was alleged to have been rendered against it as garnishee on April 21, 1896, pursuant to a judgment nisi previously taken in default of answer by said garnishee.
Read the full summary
Appeal from tire Circuit Court of Jefferson. Tried before tlie Hon. A. A. Coleman. Tliis was a proceeding instituted by tlie appellant, J. G. Burgin, in a court of a justice of tlie peace of Jefferson county, to revive a judgment against tlie appellee, tlie Ivy Coal & Coke Company, which was alleged to have been rendered against it as garnishee on April 21, 1896, pursuant to a judgment nisi previously taken in default of answer by said garnishee. The garnishment was sued out by Burgin upon a judgment rendered in his favor against one S. W. Elliott. Upon the hearing before the justice of the…
1Opinion of the CourtSharpe, J.
This was a proceeding begun in the court of a justice of the peace to revive what is alleged to be a judgment rendered against the appellee garnishee on April 21st, 1896, pursuant to a previous judgment nisi taken in default of answer. On the application to revive, the justice rendered judgment of revivor from which the garnishee appealed.
In the circuit court the plaintiff filed a declaration presenting de novo his claim to have that judgment revived and also averring a right to have revived a prior judgment obtained by him on the garnishee’s answer in *661the same garnishment suit. As evidence…
2Cases cited5 opinions
- Jasper Mercantile Co. v. O'RearSupreme Court of Alabama · 1895
- Hereford v. CombsSupreme Court of Alabama · 1899
- Bessemer Land & Improvement Co. v. DuboseSupreme Court of Alabama · 1899
- Security Loan Ass'n v. WeemsSupreme Court of Alabama · 1881
- Francis-Chenoweth Hardware Co. v. BaileySupreme Court of Alabama · 1894
3Cited by9 opinions
- State v. PollockSupreme Court of Alabama · 1948
- First Nat. Bank of Birmingham v. GarrisonSupreme Court of Alabama · 1938
- Ex Parte McFrySupreme Court of Alabama · 1928
- Cottingham v. SmithSupreme Court of Alabama · 1907
- Canty v. SimsAlabama Court of Appeals · 1926
4 more not listed; retrieve them via the Exa API.