Johnson v. Huntsville Gro. Co.
Alabama Court of Appeals
Appeal from Madison Law and Equity Court. Heard before Hon. J. H. Ballentine. Assumpsit by the Huntsville Grocery Company against Y. M. Johnson, with garnishment in aid thereof to the Henderson National Bank. From a judgment condemning the money there.on deposit, the defendant appeals.
Read the full summary
Appeal from Madison Law and Equity Court. Heard before Hon. J. H. Ballentine. Assumpsit by the Huntsville Grocery Company against Y. M. Johnson, with garnishment in aid thereof to the Henderson National Bank. From a judgment condemning the money there.on deposit, the defendant appeals. The inventory was sufficient. — Secs. 4186, 4178, Code 1907. The motion did not even approach the dignity of a pleading.- — Meyer v. Bloch, 139 Ala.. 178. The court was in grave error therefore in its action in striking the inventory on a verbal motion, and in entering judgment by default, condemning the money.…
1Opinion of the CourtWalker, P. J.
The answer of the garnishee showed that it Avas indebted to the defendant in the sum. of $130.99. The defendant claimed as exempt the amount so shown to be owed to him. In response to a demand of the plaintiff that he file an itemized statement of the personal property owned by him on the date of the sendee of the writ of garnishment, the defendant amended his claim of exemption by adding thereto the following statement, which was duly sworn to:
“Affiant further states that the said sum as above claimed by him as exempt is all of his personal property, and all the money belonging to him,…
2Cases cited3 opinions
- Tonsmere & Craft v. BucklandSupreme Court of Alabama · 1889
- Decatur Mercantile Co. v. DefordSupreme Court of Alabama · 1890
- Weinstein v. Yielding Bros. & Co.Supreme Court of Alabama · 1909
3Cited by1 opinion
- Holley v. CrowCourt of Civil Appeals of Alabama · 1978