McCain v. Wood
Supreme Court of Alabama
WRIT of Error to the Circuit Court of Talladega county. . This is a proceeding against the assignee of a debtor under the act of the 6th February, 1840. The plaintiff, McCain, sued out process of garnishment against one John L. Smith, as a debtor of Elisha B. Steadman, against whom, together with one Rivers, who were judgment debtors of said McCain, writs of fieri facias had been issued, apd returned nulla bona.
Read the full summary
WRIT of Error to the Circuit Court of Talladega county. . This is a proceeding against the assignee of a debtor under the act of the 6th February, 1840. The plaintiff, McCain, sued out process of garnishment against one John L. Smith, as a debtor of Elisha B. Steadman, against whom, together with one Rivers, who were judgment debtors of said McCain, writs of fieri facias had been issued, apd returned nulla bona. Smith appeared on the return of the garnishee process, and answered, in substance, that he had contracted a debt of ninety-six dollars with Steadman, one of the judgment defendants…
1Opinion of the CourtGqldthwaite, J.
1. The argument of the defendant in error insisting that the present proceedings are without authority, renders it necessary to examine the statute under which the plaintiff claims to give jurisdiction.
The first section of the act to amend the law in relation to garnishments, provides, “ that when a garnishee, in any case of judicial or original attachment shall answer that previous to the time of such answer, he or she has received notice of the assignment or. transfer of the debt, &c., it shall not be lawful for the Court to render judgment against the garnishee on the ground oi the…
2Cited by17 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Rogers v. VerlanderWest Virginia Supreme Court · 1888
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Fash v. RavesiesSupreme Court of Alabama · 1858
12 more not listed; retrieve them via the Exa API.