Drane v. King
Supreme Court of Alabama
Eebor to the Circuit Court of Lauderdale. Tried before the Hon. S. C. Posey. King & Devitt recovered a judgment in the Circuit Court of Lauderdale, against Matthew C. Galloway, upon which process of garnishment was afterwards issued, and Thomas L. Drane was summoned to appear before said court, at its next term, to be held on the first Monday after the fourth Monday in March, 1849, and answer as to his indebtedness to Galloway.
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Eebor to the Circuit Court of Lauderdale. Tried before the Hon. S. C. Posey. King & Devitt recovered a judgment in the Circuit Court of Lauderdale, against Matthew C. Galloway, upon which process of garnishment was afterwards issued, and Thomas L. Drane was summoned to appear before said court, at its next term, to be held on the first Monday after the fourth Monday in March, 1849, and answer as to his indebtedness to Galloway. The garnishee failed to appear, and a judgment nisi was rendered against him on the seventh day of the term, for “thesum of sixty-three dollars debt, and twenty-six…
1Opinion of the CourtDargan, C. J.
1. A judgment nisi, like a judgment final, must be for a sum certain. Dickerson v. Walker, 1 Ala. 48. But we entertain no doubt that the judgment nisi in the present case is sufficiently certain; it is for sixty-three dollars, the debt, and twenty-six dollars and seventy-six cents damages, with interest from the second day of October, 1848. Without resort to any extraneous fact, we can ascertain the precise amount of this recovery. It is therefore certain; for id cerium est quod cerium reddi jqotest.
*5582. It is again insisted, that the final judgment varies from the judgment nisi, and therefore…
2Cases cited1 opinion
- Dickerson v. WalkerSupreme Court of Alabama · 1840
3Cited by7 opinions
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- Swindle v. SwindleCourt of Civil Appeals of Alabama · 2014
- Vaughan v. HigginsSupreme Court of Alabama · 1881
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