First National Bank v. Dimmick
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Action by tbe First National Bank of Montgomery against the Montgomery Iron Works, defendant, .and J. W. Dimmiek and others, garnishees. Judgment for the garnishee named, and plaintiff appeals.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Action by tbe First National Bank of Montgomery against the Montgomery Iron Works, defendant, .and J. W. Dimmiek and others, garnishees. Judgment for the garnishee named, and plaintiff appeals. Plaintiff recovered judgment against defendant and sued out garnishment in aid of the judgment to J. W. Dimmiek, A. M. Baldwin, and G. W. Craig, on the theory that they were indebted to said defendant on stock subscriptions.
1Opinion of the Court
de GRAFFENRIED, J.—(1) At the time the garnishment in this case was issued, there were three legislative provisions relative to the subject of garnishment, which are of interest here. These provisions were contained in the Code of 1886, and were as follows: “A garnishment may issue in aid of a pending suit, at any time before judgment, whether the summons has been executed or not; but if the suit be for the recovery of damages merely, or for the recovery of uncertain or unliquidated damages for a breach of contract, such garnishment must be issued only on the order of a judge of the circuit…
2Cases cited8 opinions
- State v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1914
- Nicrosi v. IrvineSupreme Court of Alabama · 1893
- Young v. Pollak & Co.Supreme Court of Alabama · 1888
- Vaughn v. Alabama National BankSupreme Court of Alabama · 1904
- Wetzler v. Kelly & Co.Supreme Court of Alabama · 1887
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3Cited by3 opinions
- Standard Motor Car Co. v. St. AmantLouisiana Court of Appeal · 1931
- Knight v. KnightCourt of Civil Appeals of Alabama · 1982
- Hamrick Const. Corp. v. RAINSVILLE HOUSING AUTH.Supreme Court of Alabama · 1984