Alexander v. Pollock & Co.
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant in this case obtained a judgment in said City Court, during its April term, 1881, against Lawrence McGet-rick, for $683.10; and sued out a garnishment against J. Pollock & Co., a mercantile partnership, as the debtors of said McGetrick, which was served on them on the 26th May, 1881. One of the garnishees appeared, and answered in the name of the partnership; alleging that they were not…
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Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant in this case obtained a judgment in said City Court, during its April term, 1881, against Lawrence McGet-rick, for $683.10; and sued out a garnishment against J. Pollock & Co., a mercantile partnership, as the debtors of said McGetrick, which was served on them on the 26th May, 1881. One of the garnishees appeared, and answered in the name of the partnership; alleging that they were not indebted to said McGetrick, either at the service of the garnishment, or at the time of filing their answer, and would…
1Opinion of the CourtSomebyille, J.
It has long been, and is now, the settled doctrine in this State, that only such moneyed demands can be subjected to garnishment, as the defendant can in his own name ■recover in an action of debt, or indebitatus assunypsit.—Jones’ Adm’r v. Crews, 64 Ala. 368; 1 Brick. Dig. p. 175, § 314.
It is obviously true, that an attaching or garnishing creditor can not, through the levy of his process, acquire any higher or better rights to the debt or assets attached, than the' defendant had when the garnishment or attachment, was served; unless he can show some fraud or collusion, by which his just and…
2Cases cited4 opinions
- Hoot v. SorrellSupreme Court of Alabama · 1847
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- Patterson v. CampbellSupreme Court of Alabama · 1846
- Hall v. MageeSupreme Court of Alabama · 1855
3Cited by20 opinions
- Archer v. People's Savings BankSupreme Court of Alabama · 1889
- Nicrosi v. IrvineSupreme Court of Alabama · 1893
- American Trust & Savings Bank v. O'BarrAlabama Court of Appeals · 1914
- Booker T. Washington Burial Ins. Co. v. RobertsSupreme Court of Alabama · 1934
- Packard Motors Co. v. TallySupreme Court of Alabama · 1925
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