White v. Kahn
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. On October 7, 1892, the appellants, J. M. White and H. O. Tompkins, brought an action of assumpsit in the circuit court of Montgomery county, against the Alabama Terminal & Improvement Company, “a corporation organized under the laws of Alabama,” to recover $6,000 due by promissory note made, by said defendant.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. On October 7, 1892, the appellants, J. M. White and H. O. Tompkins, brought an action of assumpsit in the circuit court of Montgomery county, against the Alabama Terminal & Improvement Company, “a corporation organized under the laws of Alabama,” to recover $6,000 due by promissory note made, by said defendant. On November 28, 1892, an ancillary garnishment on a summons was issued, requiring Maurice Kahn, the appellee, to answer as garnishee, whether or not he was indebted to the defendant. On January 12, 1893,…
1Opinion of the CourtHead, J.
This appeal is from the refusal of the circuit court to grant plaintiffs’ motion for judgment against the garnishee, Kahn, on his answer. The plaintiffs accepted the answer as true — interposing no contest — and relied upon its terms, as showing, in judgment of law, an admission of indebtedness due and owing by the garnishee to the defendant, The Alabama Terminal and Improvement Company. The sole question then is, does *312the answer show an admission of indebtedness entitling plaintiffs to judgment? The answer was given orally, upon the stand, and reduced to writing, under the eye of the court.…
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