Stubblefield v. Hagerty
Supreme Court of Alabama
THE defendant in error having recovered a judgment against Ezekiel Nichols and others in the County Court of Montgomery, filed his affidavit, pursuant to the statute, with the clerk of that Court, alleging that the defendants in the judgment had no property in their possession; and that he had Just cause to believe that the plaintiff in error was indebted to them, or had effects of theirs in his hands: Whereupon, a garnishment was issued and served on the plaintiff in error,…
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THE defendant in error having recovered a judgment against Ezekiel Nichols and others in the County Court of Montgomery, filed his affidavit, pursuant to the statute, with the clerk of that Court, alleging that the defendants in the judgment had no property in their possession; and that he had Just cause to believe that the plaintiff in error was indebted to them, or had effects of theirs in his hands: Whereupon, a garnishment was issued and served on the plaintiff in error, who answered “that about the last of February 1836, he executed to A. S. Rippetoe or bearer, his promissory note, for…
1Opinion of the CourtCollier, C. J.
— If the written answer transcribed into the record can he looked to, it is clear that the County Court erred in rendering a judgment against the garnishee. It does not admit an indebtedness: it merely states that two of the defendants in the original judgment were prosecuting a suit against him on a promissory note which he had given to a third person; but that he had received a notice from the pa3’ee, that it had never been transferred, and was still his property.
In Robinson v. Rapelye & Smith, (2 Stew’t. Rep. 86), it was held that it roust he intended that the answer of a garnishee is true…
2Cases cited1 opinion
- Oliver v. AtkinsonSupreme Court of Alabama · 1835
3Cited by10 opinions
- Doe ex dem. Saltonstall v. RileySupreme Court of Alabama · 1856
- Pounds v. HamnerSupreme Court of Alabama · 1876
- White v. KahnSupreme Court of Alabama · 1893
- Fortune v. State BankSupreme Court of Alabama · 1842
- First National Bank v. DimmickSupreme Court of Alabama · 1912
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