Roman v. Montgomery Iron Works
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. L>. Sayre. Garnishment by S. Roman against the Montgomery Iron Works, et al. Judgment for garnishee, and plaintiff appeals.
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Appeal from Montgomery City Court. Heard before Hon. A. L>. Sayre. Garnishment by S. Roman against the Montgomery Iron Works, et al. Judgment for garnishee, and plaintiff appeals. Appellant has the right by the statute to ask the review in this court of every question involved in the case from its commencement to the final decree. — Sec. 3840, Code 1896; Moulton v. Reed, 54 Ala. 327; DeBardelaben v. Whetstone, 85 Ala. 85; National Bank v. McDonough, 92 Ala. 387. The plea of res adjudicata was not good. — Nicrosi v. Irvin, 102 Ala. 648; sec. 2972, Code 1896, as amended by Acts 1895, p. 881;…
1Opinion of the CourtAnderson, J.
When this cause was here upon former appeal (147 Ala. 434, 41 South. 811) we held that the plea of res adjudicata interposed by Dimmick was sufficient, and as its averments were admitted he was entitled to his discharge. We are still of the opinion that the judgment rendered, discharging him upon the denials of his answer, was conclusive on this particular creditor (Roman), and that there was nothing owing from Dimmick to the Montgomery Iron Works. ITad the complainant contested the answer, there could be no question as to the conclusiveness of the judgment. On the other hand, when the…
2Cases cited4 opinions
- Steiner Bros. v. First National BankSupreme Court of Alabama · 1896
- Montgomery Iron Works v. RomanSupreme Court of Alabama · 1906
- Hurst, Purnell & Co. v. Home Protection Fire InsuranceSupreme Court of Alabama · 1886
- Wise v. FalknerSupreme Court of Alabama · 1871
3Cited by7 opinions
- Farley v. Alabama Terminal & Improvement Co.Supreme Court of Alabama · 1911
- De Maio v. Lumbermens Mutual Casualty CompanyCourt of Appeals of Maryland · 1967
- Board of County Commissioners v. RacineCourt of Special Appeals of Maryland · 1975
- Dishman v. GriffisSupreme Court of Alabama · 1916
- Ex Parte State Ex Rel. St. Peters M. Baptist ChurchSupreme Court of Alabama · 1925
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