Sloss v. Glaze

GARDNER, Justice.

At the time of the service of the garnishment writ there was existent an executory contract wherein, so far as here pertinent, the garnishee had agreed to assume one mortgage and execute another on the property to be purchased. Garnishment proceedings are purely of statutory creation, and unless plaintiffs’ case comes within some clause of the statute (section 8051, Code 1923), relief must be denied. Jones’ Adm’r v. Crews, 64 Ala. 368. Further illustrations are Cunningham v. Baker, 104 Ala. 160, 16 So. 68, 53 Am. St. Rep. 27; Mims v. Parker, 1 Ala. 421; Nesbitt v. Ware, 30…