Southern Railway Co. v. Ward
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the lion. Chas. A. Senn. On the 29th day of April, 1898, W. P. Ward, the appellee, commenced a suit in the city court of Birniing-' ham, against IV. P. Bewley, to recover of him one hundred dollars due by-promissory note, and on the 28th of November, 1898, he recovered a judgment in said court against the defendant for ,$126 and costs.
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Appeal from the City Court of Birmingham. Tried before the lion. Chas. A. Senn. On the 29th day of April, 1898, W. P. Ward, the appellee, commenced a suit in the city court of Birniing-' ham, against IV. P. Bewley, to recover of him one hundred dollars due by-promissory note, and on the 28th of November, 1898, he recovered a judgment in said court against the defendant for ,$126 and costs. In aid of this suit, on the day the summons was issued, the plaintiff sued out a writ of garnishment against the Southern Railway Co., the appellant, and the writ was duly executed that day on the…
1Opinion of the CourtHaralson, J.
It appears from the statement of facts, that there were six proceedings in the city court, viz., a suit by summons and complaint by B. M. Align against W. P. Bewley, and a garnishment suit in aid thereof against the appellant company, prior in point of time to the others that followed; second, a suit by summons and complaint by the appellee, W. P. Ward, against said defendant, and a garnishment in aid thereof, against the same company, which proceedings were subsequent to the said original suit of said B. M. Allen, but prior in point of time to the others that followed; and, third, an…
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