Lowry v. Clements
Supreme Court of Alabama
Error to the County Court of Pike. The defendant in érror' sued out an original attachment against the estate of David and Larkin N. Mimms, on ’which the justice issuing the same made the following indorsement; “ The sheriff will levy this attachment in the hands of Geo, Lowry, George McAdams, and James Mimmsand the sheriff returned, that he had “personally served the within garnishment on George Lowry, James Mimms, and Geo. McAdams.”
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Error to the County Court of Pike. The defendant in érror' sued out an original attachment against the estate of David and Larkin N. Mimms, on ’which the justice issuing the same made the following indorsement; “ The sheriff will levy this attachment in the hands of Geo, Lowry, George McAdams, and James Mimmsand the sheriff returned, that he had “personally served the within garnishment on George Lowry, James Mimms, and Geo. McAdams.” Damages were assessed against the defendants in attachment, upon their default, to the amount of $394 22, and judgment was rendered accordingly. At the same…
1Opinion of the CourtCollier, C. J.
It is enacted by the attachment law of 1833, that “ when an officer shall serve an attachment in the hands of any person supposed to be indebted to, or have any of the effects of the defendant, he shall at the same time sum*424mon such person in writing, to appear and answer as a garnishee, &c. And where a garnishee shall be returned summoned in that manner, and shall fail to appear and answer, it shall be lawful to enter a conditional judgment against him, upon which a scire facias shall issue returnable to the next term, to show cause why final judgment should not be entered against him; “ and…
2Cases cited4 opinions
- Blair v. RhodesSupreme Court of Alabama · 1843
- Dickerson v. WalkerSupreme Court of Alabama · 1840
- Stebbins v. FitchSupreme Court of Alabama · 1827
- Jones v. HartSupreme Court of Alabama · 1841
3Cited by7 opinions
- Bostwick v. BeachSupreme Court of Alabama · 1850
- Flash, Hartwell & Co. v. Paul, Cook & Co.Supreme Court of Alabama · 1856
- Holland-Blow Stave Co. v. WhitmanSupreme Court of Alabama · 1923
- Ex Parte National Lumber Mfg. Co.Supreme Court of Alabama · 1906
- Goode v. HolcombeSupreme Court of Alabama · 1860
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