City Council v. Van Dorn
Supreme Court of Alabama
Appear from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The facts of this case are thus stated in the bill of exceptions : “ The plaintiff regularly obtained a judgment, before a justice of the peace, against J. D. Kirby, for fifty-one dollars and fifty cents, and, before the issue of any execution on said judgment, sued out process of garnishment, in due form, and in strict accordance with law, against the city council of Montgomery; which…
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Appear from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The facts of this case are thus stated in the bill of exceptions : “ The plaintiff regularly obtained a judgment, before a justice of the peace, against J. D. Kirby, for fifty-one dollars and fifty cents, and, before the issue of any execution on said judgment, sued out process of garnishment, in due form, and in strict accordance with law, against the city council of Montgomery; which garnishment was regularly served on the treasurer of the city of Montgomery. Said city council duly appeared, by its…
1Opinion of the CourtA. J. Walker, C. J.
The question of this case is, whether the wages of a “ police guard” of an incorporated city can be condemned in the hands of the municipal corporation, by garnishment, to the payment of a judgment against such guard. This question was presented in the case of The Mayor of Mobile v. Rowland & Co., (26 Ala. 498,) and was decided in the negative. The decision was based upon two independent and distinct reasons. Those two reasons were—that the statutes of garnishment could not be applied to corporations, which, from their impersonal, artificial character, could not be sworn; and that, upon a…
2Cases cited3 opinions
- Mayor of Mobile v. Rowland & Co.Supreme Court of Alabama · 1855
- Clark v. Mobile School CommissionersSupreme Court of Alabama · 1860
- Smoot v. HartSupreme Court of Alabama · 1858
3Cited by4 opinions
- Lewis v. City of DenverColorado Court of Appeals · 1897
- Troy Laundry & Machinery Co. v. City of DenverColorado Court of Appeals · 1898
- Lewis v. City of DenverColorado Court of Appeals · 1897
- Troy Laundry & Machinery Co. v. City of DenverColorado Court of Appeals · 1898