Self v. Kirkland
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas.' Tried before the Hon. Nat. Cook. Job Self, having obtained a judgment against one Lilly, caused a garnishment to issue against Kirkland, as his debt- or. Kirkland answered as follows : “ That at the time of the service of garnishment, to-wit: the latter part of May, 1852, he would have been indebted to said Lilly in the sum of $28 or $30, for blacksmith’s work, but before the service of the garnishment one Ww.
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Appeal from the Circuit Court of Dallas.' Tried before the Hon. Nat. Cook. Job Self, having obtained a judgment against one Lilly, caused a garnishment to issue against Kirkland, as his debt- or. Kirkland answered as follows : “ That at the time of the service of garnishment, to-wit: the latter part of May, 1852, he would have been indebted to said Lilly in the sum of $28 or $30, for blacksmith’s work, but before the service of the garnishment one Ww. B. Hall, held a note against the said Lilly, for more than garnishee's indebtedness to said Lilly, and. proposed to sell said note to…
1Opinion of the CourtLigon, J.
We have decided heretofore, that no judgment can be rendered against a garnishee on his answer, unless he distinctly confesses an indebtedness, or states facts from which an indebtedness to the defendant in the judgment at the time the garnishment was served upon him may be clearly inferred. — 3 Por. 105 ; 1 Ala. 421; 3 Ala. 312.
We have also decided, that if the garnishee, after service of the writ of garnishment, is notified that the evidence of his indebtedness to the defendant in the judgment had been transferred to another before such service, he may state the fact in his answer, and it…
2Cases cited5 opinions
- Sims v. SimsSupreme Court of Alabama · 1841
- Bostwick v. BeachSupreme Court of Alabama · 1850
- Mims v. ParkerSupreme Court of Alabama · 1840
- Mann v. BufordSupreme Court of Alabama · 1842
- Wicks v. Branch Bank at MobileSupreme Court of Alabama · 1847
3Cited by7 opinions
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- First Nat. Bank v. MingeSupreme Court of Alabama · 1914
- Price v. Masterson'sSupreme Court of Alabama · 1860
- Hall v. MageeSupreme Court of Alabama · 1855
- Mobile & Ohio Railroad v. Whitney & Co.Supreme Court of Alabama · 1864
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