First Bank v. Mayfield Woolen Mills
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before I-Ion. H. A. Pearce. Action by Mayfield Woolen Mills against L. H. Morris, in which the First Bank of Elba was made garnishee. From a judgment for plaintiff against the garnishee, it appeals.
Read the full summary
Appeal from Coffee Circuit Court. Heard before I-Ion. H. A. Pearce. Action by Mayfield Woolen Mills against L. H. Morris, in which the First Bank of Elba was made garnishee. From a judgment for plaintiff against the garnishee, it appeals. In garnishment proceedings, the court is authorized to try contested issues of fact without a jury. — § 2196, code 1896. And in such cases, the supreme court can review the finding and judgment of the court without a special finding in writing by the nisi prius court. — Gilliard v. Duke, 57 Ala. 619; Éooe’s E.recators v. Garner, 70 Ala. 447; Jaques v.…
1Opinion of the CourtDenson, J.
On the 4th day of April, 1901, in the circuit court of Coffee county, the Mayfield Woolen Mills, appellee here, recovered a judgment''against L. H. Morris in the sum of $1,114.88. The judgment remaining unsatisfied, on the 27th day of October, 1902, the plaintiff sued on a writ of garnishment against the First Bank of Elba, appellant here, to obtain satisfaction of its judgment. At the spring term, 1903, of the court, the garnishee answered the garnishment, denying any indebtedness, or liability to L. H. Morris. At the same time the plaintiff controverted the ansAver by filing an affidavit,…
2Cases cited9 opinions
- Jaques v. HortonSupreme Court of Alabama · 1884
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Betancourt v. EberlinSupreme Court of Alabama · 1882
- Chandler & Jones v. CrosslandSupreme Court of Alabama · 1899
- Gaillard v. DukeSupreme Court of Alabama · 1877
4 more not listed; retrieve them via the Exa API.