Jennings v. Pearce
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. (Statement of facts by Haralson J.) “Thomas W. Jennings, on the 21st of SejDtember, 1891, sued out an attachment against Henry W. Pearce, a nonresident, returnable to the City Court of Montgomery.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. (Statement of facts by Haralson J.) “Thomas W. Jennings, on the 21st of SejDtember, 1891, sued out an attachment against Henry W. Pearce, a nonresident, returnable to the City Court of Montgomery. The writ, coming to the hands of the sheriff, was levied by him, by summoning H. C. Chandler, who had in his possession a lot of mules and other personal property said to be the defendant’s, to answer as garnishee. The said Chandler, appearing as garnishee, answered, admitting the possession of said property so…
1Opinion of the CourtHaralson, J.
There are many assignments of error which lie beyond the dismissal of the garnishment suit against H. C. Chandler, as debtor to Henry Pearce, the defendant in attachment. These are based on rulings connected with the garnishment, proceeding, and it will be unnecessary to consider them, since, according to the view we take of the case, they disappear, with the errors assigned for the dismissal of that suit.
This appeal, let it be noticed, is not prosecuted by either of the parties to the original attachment suit, nor by either party to the garnishment proceeding, but by Messrs. Richardson &…
2Cases cited2 opinions
- Brazier v. TarverSupreme Court of Alabama · 1843
- White v. NanceSupreme Court of Alabama · 1849
3Cited by2 opinions
- Baldwin v. RomanSupreme Court of Alabama · 1902
- Darden v. HollowayAlabama Court of Appeals · 1911