Gray v. Perry Hardware Co.
Supreme Court of Alabama
Appeal from the City- Court of Birmingham. Tried before the Hon W. W. Wilkerson. The proceedings in this case were had upon a contest of the answer of a garnishee, which was instituted by Henry B. Gray the plaintiff, who had recovered a judgment against J. B. Francis, contesting the answer of the Perry Hardware Company, as garnishee, in response to a writ of garnishment which was issued upon said judgment.
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Appeal from the City- Court of Birmingham. Tried before the Hon W. W. Wilkerson. The proceedings in this case were had upon a contest of the answer of a garnishee, which was instituted by Henry B. Gray the plaintiff, who had recovered a judgment against J. B. Francis, contesting the answer of the Perry Hardware Company, as garnishee, in response to a writ of garnishment which was issued upon said judgment. Before proceeding with the trial the plaintiff moved the court for a judgment by default against the garnishee, for its having refused to answer the questions propounded to it in…
1Opinion of the CourtColeman, J.
The appellant, Gray, recovered a judgment against J. B. Francis, which judgment declared a waiver of. exemptions. Upon this judgment the Perry Hardware Company was summoned on the 5th of April, 1895, as garnishee, andón the 24th day of June succeeding, filed itsans-wer, setting up a state of facts, which if true entitled the garnishee to be discharged without liability. The plaintiff filed a contest to the answer in proper form, and the issue made up was submitted to a jury. The uncontroverted facts showed that Francis, the defendant debtor, had been in the service and employment of the…
2Cases cited3 opinions
- Archer v. People's Savings BankSupreme Court of Alabama · 1889
- Alexander v. Pollock & Co.Supreme Court of Alabama · 1882
- Hall v. MageeSupreme Court of Alabama · 1855
3Cited by8 opinions
- Packard Motors Co. v. TallySupreme Court of Alabama · 1925
- Ely v. BlackerSupreme Court of Alabama · 1895
- Hodge v. Alabama Water Co.Supreme Court of Alabama · 1921
- Montgomery Light & Traction Co. v. HarrisSupreme Court of Alabama · 1916
- Peoples Bank v. GoreMississippi Supreme Court · 1937
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