Levisohn v. Waganer
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmbs. The record in this case shows that, on the 18th March, 1884, L. P. Waganer commenced an action in a justice’s court, against Hugh Eox and wife, and sued out a garnishment against Chamberlain & Co., as the debtors of said defendants ; that said garnishees appeared, and filed an ansyver denying any indebtedness, but stating that they held four notes, called " Seamen’s Advance Notes,” which had been…
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Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmbs. The record in this case shows that, on the 18th March, 1884, L. P. Waganer commenced an action in a justice’s court, against Hugh Eox and wife, and sued out a garnishment against Chamberlain & Co., as the debtors of said defendants ; that said garnishees appeared, and filed an ansyver denying any indebtedness, but stating that they held four notes, called " Seamen’s Advance Notes,” which had been deposited with them for collection by J. Levisohn, “ who said he got them from Mr. or Mrs. Hugh Fox; ” and that they had…
1Opinion of the CourtSomeryille, J.
— The judgment against the garnishee is clearly erroneous, and must be reversed. His answer showed that he was neither indebted to the defendant, Fox, nor had under his control any chattels such as the statute authorizes to be condemned. The choses in action which were in his possession could not be the subject of condemnation in such a proceeding, and the garnishee was entitled to be discharged on his answer. This has long been declared to be the settled law in this State. — Jones v. Norris, 2 Ala. 526; Jones v. Crew, 64 Ala. 368; Code, 1876, §§ 3293-3295, 3268; Drake on Attachments, § 481.
Re…
2Cases cited2 opinions
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- Jones v. NorrisSupreme Court of Alabama · 1841
3Cited by5 opinions
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- Craft & Co. v. SummersellSupreme Court of Alabama · 1890
- Hurst, Purnell & Co. v. Home Protection Fire InsuranceSupreme Court of Alabama · 1886
- Edwards v. LevinshonSupreme Court of Alabama · 1886