Simpson v. Tippin
Supreme Court of Alabama
In this case, an original attachment, in favor of the plaintiffs in error, against the defendant, as an absconding debtor, was taken, from the office of a magistrate of 'Lauderdale County: and was made returnable to the County Court.
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In this case, an original attachment, in favor of the plaintiffs in error, against the defendant, as an absconding debtor, was taken, from the office of a magistrate of 'Lauderdale County: and was made returnable to the County Court. Founded upon this attachment, a garnishment was issued to John Cantrell, requiring him, personally, to answer before the said County Court, what goods and chattels of the said Dennis Tippin, he, the said Cantrell had in his possession; or what sum or sums of money he owed to the said Dennis Tippin, &e„; or, in the hands of any other person, &c. In pursuance of…
1Opinion of the Court
THORNTON/J.
An action was brought by the .plaintiffs in ei'ror, by original attachment, returnable to the County Court of Lauderdale, against Dennis Tippin an absconding debtor; and John Cantrell was summoned as garnishee, who answered to the summons, acknowledging that he owed the sum of three dollars and-cents to the defendant, but denied any further indebtedness.
The plaintiff, in pursuance of the statute in such cases provided, wishing to controvert the answer of the garnishee, made oath that he believed the same to be incorrect — whereupon an issue was joined, as set forth in the record.
The…
2Cases cited1 opinion
- Pearce v. HedrickCourt of Appeals of Kentucky · 1823