Evans v. Norman
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Before the Hon. N. Cook. The plaintiff in error having a judgment against Peter Melton, sued out garnishee process against the defendant in error, who appeared and answered, stating, he received in the winter of 1843 for collection, several promissory notes made by one Hezekiah Bussey, payable to Peter Melton, indorsed by Peter Melton to W. J. Sorrell, and by him to J. Y. Suther-lin ; that he received the notes as the property of…
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Error to the Circuit Court of Dallas. Before the Hon. N. Cook. The plaintiff in error having a judgment against Peter Melton, sued out garnishee process against the defendant in error, who appeared and answered, stating, he received in the winter of 1843 for collection, several promissory notes made by one Hezekiah Bussey, payable to Peter Melton, indorsed by Peter Melton to W. J. Sorrell, and by him to J. Y. Suther-lin ; that he received the notes as the property of Sutherlin, sued the maker and obtained judgment, and collected $>310, which he yet retains. He also answered that he had been…
1Opinion of the CourtCollier, C. J.
-The act of 1840, “ to amend the law *665in relation to garnishments,” enacts, that “ when a garnishee, in any case of judicial or original attachment, shall answer, that previous to the time of such answer, he or she has received notice of assignment or transfer of the debt or property, in respect to which the garnishment is issued, it shall not be lawful for the court to render judgment against the said garnishee, on the ground of the invalidity of the assignment or transfer of the debt or property; but the court before which the garnishment is pending, shall suspend proceedings against said…
2Cases cited3 opinions
- McCain v. WoodSupreme Court of Alabama · 1842
- Fortune v. State BankSupreme Court of Alabama · 1842
- Covington v. KellySupreme Court of Alabama · 1844
3Cited by4 opinions
- Ex parte OpdykeSupreme Court of Alabama · 1878
- First National Bank v. GriffithMissouri Court of Appeals · 1916
- Marston v. CarrSupreme Court of Alabama · 1849
- Hazelwood v. StateAlabama Court of Appeals · 1916