Williams v. Hill, McLane, & Co.
Supreme Court of the United States
This case was brought up, by writ of error, from the District Court of the United States for the middle district of Alabama.' The case is stated in the opinion of the court. Mr. Phillips made the following points: The answer of garnishee is required by the statute to be under oath, and when not disproved, must be taken as true.
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This case was brought up, by writ of error, from the District Court of the United States for the middle district of Alabama.' The case is stated in the opinion of the court. Mr. Phillips made the following points: The answer of garnishee is required by the statute to be under oath, and when not disproved, must be taken as true. (Code, sec. 2,540; Davis v. Knapp & Shew, 8 Mo., 657; Ker-gen v. Dawson, 1 Gilman, 89; Muson v. Campbel, 2 Pike, 511.) . The plaintiff by the statute is allowed to “contróvert” the answer; that is, he may show it to be untrtíe. The present code of Alabama does not…
1Opinion of the CourtJustice Campbell
The defendants recovered a judgment in the District Court, in a plea of debt against one Mahone. The latter haying no property in possession liable to an execution, the defendants, in consequence, served a garnishment on the plaintiff, (Williams,) to attach any debt he might owe their debtor, or secure any effects of theirs he might-have.
The garnishee answered to the process, that on the day the writ of garnishment issued, he had sold some personal properly of the debtor, under the authority of two deeds of trust, for the satisfaction of the debts described in them; and there remain? iñg a…
2Cases cited5 opinions
- Nolen v. Heirs of GwynSupreme Court of Alabama · 1849
- Goodgame v. Cole & Co.Supreme Court of Alabama · 1847
- Hazard v. FranklinSupreme Court of Alabama · 1841
- DeVendal v. Malone's ExecutorsSupreme Court of Alabama · 1854
- Lovely v. CaldwellSupreme Court of Alabama · 1843
3Cited by8 opinions
- Mutual Reserve Fund Life Assn. v. PhelpsSupreme Court of the United States · 1903
- Bloomfield State Bank v. MillerNebraska Supreme Court · 1898
- The OregonDistrict Court, D. Oregon · 1891
- Irwin v. HubbardIndiana Supreme Court · 1874
- Pringle v. MichiganU.S. Circuit Court for the District of Eastern Michigan · 1891
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