Travis v. Tartt
Supreme Court of Alabama
Writ of error to the Circuit Court of Sumter. Brow'nrigg & Tartt sued out ail attachment against one Hodges, returnable to the fall term of the Circuit Court for the year 1839. The return is, thatno property was found, but Enoch Travis w'as summoned as a garnishee.
Read the full summary
Writ of error to the Circuit Court of Sumter. Brow'nrigg & Tartt sued out ail attachment against one Hodges, returnable to the fall term of the Circuit Court for the year 1839. The return is, thatno property was found, but Enoch Travis w'as summoned as a garnishee. At the return term Travis appeared and filed his answer, by which he admits that himself and brother, Seaborn Travis, as partners, jointly purchased a tract of land from Hodges, for which they gave their joint promissory notes, signed S. & E. Travis; one of them due 1st day of March, 1840, for f 1,850, or thereabouts; the other for…
1Opinion of the CourtGoldthwaite, J.
1. The proceeding by garnishment in point of law is the institution of a suit in which the creditor is permitted to proceed against the debtor of his debtor, and therefore would seem to be governed by the general rules applicable to other.suits. [Thomas v. Hopper, 5 Ala. Rep. 442.] But in the ancillary suits which grow out of the attachment laws, the proceedings, when not prescribed by the statutes must, to a great extent be adapted to the condition and relative position of the parties. [See Goodwin v. Brooks, 6 Ala. Rep. 836; Graves v. Cooper, at this term; Myatt v. Lockhart, Ib.]
2.. We may…
2Cases cited8 opinions
- Thrash v. SumwaltSupreme Court of Alabama · 1843
- King v. MoselySupreme Court of Alabama · 1843
- Legal Representatives of Thomas v. HopperSupreme Court of Alabama · 1843
- Gaines v. BeirneSupreme Court of Alabama · 1841
- Von Pheel v. ConnallySupreme Court of Alabama · 1839
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bush v. AdamsSupreme Court of Florida · 1886
- Doggett v. DillIllinois Supreme Court · 1884
- Capitol Lumber Co. v. MullinixSupreme Court of Alabama · 1922
- Moore v. StaintonSupreme Court of Alabama · 1853
- Price v. Masterson'sSupreme Court of Alabama · 1860
11 more not listed; retrieve them via the Exa API.