Gaines v. Beirne
Supreme Court of Alabama
Error to the Circuit Court of Mobile. THIS was a suit commenced by attachment by the defendants in error, against one George W. Gresham, in which the plaintiff in error, and one James Fitzsimmons, were summoned as garnishees, by the style of Gaines & Fitzsimmons. The sheriff returned that he had served the garnishment, both on Gaines and Fitzsimmons.
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Error to the Circuit Court of Mobile. THIS was a suit commenced by attachment by the defendants in error, against one George W. Gresham, in which the plaintiff in error, and one James Fitzsimmons, were summoned as garnishees, by the style of Gaines & Fitzsimmons. The sheriff returned that he had served the garnishment, both on Gaines and Fitzsimmons. Fitzsimmons appeared at the return and answered, which is inserted- in the record sent up, and is to the following effect: “ James Fitzsimmons, one of the firm of Gaines & Fitzsimmons, answers on oath, that he is indebted to the defendant, in the…
1Opinion of the CourtOrmond, J.
The first judgment which was rendered against the garnishees, wras rendered too soon. There is no authority to render judgment against the garnishee upon his answer, until a judgment is obtained against the defendant in attachment, that being the only authority for condemning the money in the hands of the garnishee'. This judgment is therefore of no effect, and cannot prejudice the garnishee.
The final judgment which was rendered against the garnishee, after judgment against the defendant in attachment, is now resisted on the ground of the want of authority to render a judgment against the…
2Cited by12 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- Travis v. TarttSupreme Court of Alabama · 1845
- Lewis v. Dubose & Co.Supreme Court of Alabama · 1856
- Grates v. CooperSupreme Court of Alabama · 1845
- Bostwick v. BeachSupreme Court of Alabama · 1850
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