Johns v. Field
Supreme Court of Alabama
Ehroe. to the Circuit Court of Barbour. This was an action of assumpsit, brought by George Field against Johns & Cole, as makers of a promissory note for one thousand dollars, payable to one Abram K. Allison, by whom it was endorsed to said Field. The declaration was in the usual form, by the endorsee against the makers. The defendants filed several pleas, only one of which requires any notice.
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Ehroe. to the Circuit Court of Barbour. This was an action of assumpsit, brought by George Field against Johns & Cole, as makers of a promissory note for one thousand dollars, payable to one Abram K. Allison, by whom it was endorsed to said Field. The declaration was in the usual form, by the endorsee against the makers. The defendants filed several pleas, only one of which requires any notice. That plea (being the 5th) sets forth, in substance, that Hart & Bosworth, at July term of the county court of said county, in 1839, in their certain action, in said court, recovered judgment against…
1Opinion of the CourtClay, J.
The question presented by this record is, whether the judgment nisi, set forth in the 5th plea, and the payment of the money under it, constitute a good bar to the plaintiff’s action, as endorsee ? It cannot be pretended that this judgment was conclusive ; that any action could have been sustained upon it against the garnishee ; or that any execution could have issued under it, against him. The course of proceeding required by our statute, in such cases, when .the garnishee, summoned in any case fails to appear, is for the court “ to enter a conditional judgment against him, upon which a…
2Cases cited2 opinions
- Colvin v. RichSupreme Court of Alabama · 1836
- Foster v. WhiteSupreme Court of Alabama · 1839
3Cited by4 opinions
- Gildersleeve v. CarawaySupreme Court of Alabama · 1851
- Stovall v. HamiltonAlabama Court of Appeals · 1915
- Eades v. Muhlenberg County Savings BankCourt of Appeals of Kentucky · 1914
- Kimbrough v. DavisSupreme Court of Alabama · 1859