Price v. Thomason
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. The defendant in error was summoned as a garnishee in February, 1844, to answer upon oath what he was indebted to Samuel G. Stewart, Ac. against whose estate an attachment had been issued at the suit of the plaintiff.
Read the full summary
Writ of Error to the Circuit Court of Perry. The defendant in error was summoned as a garnishee in February, 1844, to answer upon oath what he was indebted to Samuel G. Stewart, Ac. against whose estate an attachment had been issued at the suit of the plaintiff. At the term of the circuit court to which the garnishment was returned, the garnishee answered, that about the 4th December, 1843, he purchased of the defendant in attachment five negroes and other property, all of which was made a deed of trust to Peter J. Knight, to secure certain sums of money, amounting to more than the property…
1Opinion of the CourtCollier, C. J.
In Presnall v. Mabry, 3 Port. R. 105, this court say, “It is a clear principle of law, that a judgment cannot be rendered on the answer of a garnishee, a*878gainst him, unless there is a distinct admission of a legal debt, either due or to become due by him to the defendant in the original suit.” And where the garnishee answered, that he was indebted to the defendant in attachment by note, but had sets off, and could not know until a settlement was had, how the balance was, it was held that the plaintiff could not have judgment. [1 Stew. R. 9.] So where the garnishee admitted that he was indebted…
2Cases cited1 opinion
- Leigh v. SmithSupreme Court of Alabama · 1843
3Cited by9 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- Jefferson County Savings Bank v. NathanSupreme Court of Alabama · 1903
- White v. KahnSupreme Court of Alabama · 1893
- Lewis v. Dubose & Co.Supreme Court of Alabama · 1856
- Saunders' Adm'r v. GarrettSupreme Court of Alabama · 1859
4 more not listed; retrieve them via the Exa API.