White v. Simpson
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. The original bill in this case was filed by E. F. White against J. L. Simpson on January 18, 1894. The facts averred in said bill were as follows : On October 11, 1890, E. F. White, the complainant,- sued out an attachment in the city court of Anniston , in favor of himself, against L. V. White, and Mrs. E. S'. White, and on October 16, 1890, said attachment was executed by service of a writ of…
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Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. The original bill in this case was filed by E. F. White against J. L. Simpson on January 18, 1894. The facts averred in said bill were as follows : On October 11, 1890, E. F. White, the complainant,- sued out an attachment in the city court of Anniston , in favor of himself, against L. V. White, and Mrs. E. S'. White, and on October 16, 1890, said attachment was executed by service of a writ of garnishment on J. L. Simpson. On November 11, 1890, said Simpson filed his answer to said garnishment, admitting…
1Opinion of the CourtBrickell, C. J.
The causes of demurrer directed to the validity of the judgment against the defendants in attachment, were not well taken. Mere defects or irregularities in the process or in the j udgment against the defendant in attachment, are not available to a garnishee. 1 Brick, Dig. 182, § 405, It is only when the process is void, incapable of supporting, a judgment, or the judgment is void for a want of jurisdiction apparent on the face of the record, and of consequence not affording the garnishee protection against the claim or demand of the defendant in attachment, if he yields obedience to the…
2Cases cited7 opinions
- Wells v. MorrowSupreme Court of Alabama · 1861
- Kelly v. PayneSupreme Court of Alabama · 1850
- Dow v. WhitmanSupreme Court of Alabama · 1860
- Griffin v. CamackSupreme Court of Alabama · 1860
- Brinsfield v. AustinSupreme Court of Alabama · 1863
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3Cited by12 opinions
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- Alexander v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1921
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