Leslie v. Merrill, Fitch & Allen
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before Hon. H. T. Toulmin. Tbe appellees, Merrill, Eitcb & Allen, recovered judgment against Albert J. Leslie for tbe sum of $1,379, on tbe 19th day of December, 1876. On tbe 9tb day of January following, 0. W. Leslie was summoned by garnishment to answer wbat be was indebted to said Albert. 0. W. Leslie appeared, on tbe 15th day of February, 1877; and filed a written answer, stating that “prior to tbe service of tbe garnishment” be…
Read the full summary
Appeal from Mobile Circuit Court. Tried before Hon. H. T. Toulmin. Tbe appellees, Merrill, Eitcb & Allen, recovered judgment against Albert J. Leslie for tbe sum of $1,379, on tbe 19th day of December, 1876. On tbe 9tb day of January following, 0. W. Leslie was summoned by garnishment to answer wbat be was indebted to said Albert. 0. W. Leslie appeared, on tbe 15th day of February, 1877; and filed a written answer, stating that “prior to tbe service of tbe garnishment” be bad purchased a stock of jewelry from said Albert, for which be paid no part in cash, but executed and delivered therefor…
1Opinion of the CourtStone, J.
The two notes, first maturing, disclosed in the answer of the garnishee, were past due at the time he filed his amended answer, and he fails to disclose that he had received any notice of the transfer of the notes, or that any person, other than the defendant debtor, asserted any claim to them. The sum of the two notes, so past due, exceeds the amount of the judgment, for the payment of which they are sought to be condemned. The renewal of the notes by the garnishee, made after the maturity of the first notes, and after he had been served with summons in garnishment, can not affect the rights…
2Cases cited2 opinions
- Mills & Co. v. StewartSupreme Court of Alabama · 1847
- Mobile & Ohio Railroad v. Whitney & Co.Supreme Court of Alabama · 1864
3Cited by1 opinion
- Thompson v. Gainesville National BankTexas Supreme Court · 1886