Bostwick v. Beach
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. The error assigned is the rendition of the judgment against the garnishees. The judgment purports to be rendered on the answer — and not on any default. A motion was made for judgment on the answer at the return term and overruled. That is conclusive as to the liability of the garnishee on that answer.
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. The error assigned is the rendition of the judgment against the garnishees. The judgment purports to be rendered on the answer — and not on any default. A motion was made for judgment on the answer at the return term and overruled. That is conclusive as to the liability of the garnishee on that answer. The court relies to sustain the judgment on the fact that no further answer was made; but the party was not called on to answer further, and no default is ascertained. Therefore the courtis confined to the answer alone, and…
1Opinion of the CourtChilton, J.
The plaintiffs in error were summoned as garnishees to answer what they were indebted to Lyman LewisTiie garnishment was executed upon them the 3d March 1848, requiring them to appear and answer at the next succeeding term. At the spring term of the court, 1848, to which the summons of garnishment was returnable, no entry appears of record to have been made as to any proceedings against the garnisheps. At the fall term 1848, an entry was made, which recites-that “ the plaintiffs came and moved the court for judgment against Bostwick & Kirkland on their answer as garnishees, and, it being…
2Cases cited3 opinions
- Gaines v. BeirneSupreme Court of Alabama · 1841
- Leigh v. SmithSupreme Court of Alabama · 1843
- Lowry v. ClementsSupreme Court of Alabama · 1846
3Cited by9 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- Wyman, Moses & Co. v. StewartSupreme Court of Alabama · 1868
- Decatur, Chesapeake & New Orleans Railway Co. v. CrassSupreme Court of Alabama · 1892
- Farmer v. WilsonSupreme Court of Alabama · 1859
- Self v. KirklandSupreme Court of Alabama · 1854
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