Jones v. Lowery Banking Co.
Supreme Court of Alabama
Appeal from the .Circuit Court of Cleburne. Tried before the Hon. Leroy F. Box. The plaintiff, Paul Jones, on the 10th day of July, 1889, sued out an attachment in the circuit court of Cleburne county, against Wiley & Green, living in Atlanta, Ga., which was, on the same day, executed by levying on three barrels of whiskey, and, also, by summoning R. P. Evitt as garnishee and debtor of said Wiley & Green.
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Appeal from the .Circuit Court of Cleburne. Tried before the Hon. Leroy F. Box. The plaintiff, Paul Jones, on the 10th day of July, 1889, sued out an attachment in the circuit court of Cleburne county, against Wiley & Green, living in Atlanta, Ga., which was, on the same day, executed by levying on three barrels of whiskey, and, also, by summoning R. P. Evitt as garnishee and debtor of said Wiley & Green. The record shows, that on the 8th of September, 1891, a judgment was rendered in said circuit court, in favor of the plaintiff against the defendants in attachment. On the 8th day of March,…
1Opinion of the CourtHaralson, J.
There is no direct proof that what purports to be the firm of Evitt & Co., whose account had been assigned by defendants, Wiley & Green, to claimants, consisted of R. P. Evitt alone; but he was garnished as the debtor to defendants in attachment, and answered as such, and plaintiff treating him as Evitt & Co., tried this cause with the claimants, asserting his rights to the fund in his hands by virtue of the writ of garnishment. So, whether the account was really against Evitt & Co. or R. P. Evitt, is a matter of which, after this, plaintiff can not complain.
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2Cases cited2 opinions
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