White v. Hobart
Supreme Court of Alabama
Appeal from the City Court of Decatur. Tried before the Hon. Wm. H. Simpson. This action was brought by Mrs. Mary S. Hobart, against W. L. White, and was commenced on the 6th April, 1889, in the court of a justice of the peace. A garnishment was sued out in aid of the action, which was served on L. M. Ealk, as the debtor of said White.
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Appeal from the City Court of Decatur. Tried before the Hon. Wm. H. Simpson. This action was brought by Mrs. Mary S. Hobart, against W. L. White, and was commenced on the 6th April, 1889, in the court of a justice of the peace. A garnishment was sued out in aid of the action, which was served on L. M. Ealk, as the debtor of said White. Before answer filed by the garnishee, the defendant interposed a claim of exemption to the debt due to him by the garnishee; and his claim was contested by the plaintiff, on the ground that he was not a resident citizen of Alabama. On the trial of this issue,…
1Opinion of the Court
STONE, O. J.
M. S. Hobart instituted suit before a justice of the peace against W. L. White, for a sum less than one hundred dollars, and on April 6, 1889, L. M. Falk was summoned as a garnishee to answer as to his indebtedness to W. L. White. On May 20, 1889, he answered, denying any indebtedness to White, “ but will be indebted in future in the sum of about one hundred and eleven 50-100 dollars, when he [White] completes my [Falk’s] house according to contract.” There was no further answer by the garnishee, and no contest- of his answer. The record is silent whether Falk’s house was ever…
2Cases cited1 opinion
- Randolph v. LittleSupreme Court of Alabama · 1878
3Cited by2 opinions
- Sloss v. GlazeSupreme Court of Alabama · 1935
- Lady Ensley Furnace Co. v. Rogan & Co.Supreme Court of Alabama · 1891