Lee v. Ryall
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Tried before Hon. Lutheb B. Smith. This suit was commenced by attachment by the appellee against the appellants, they beingnonrresidents of the State, and was levied by service of a writ of garnishment on W. W. Dugger, as their debtor.
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Appeal from Marengo Circuit Court. Tried before Hon. Lutheb B. Smith. This suit was commenced by attachment by the appellee against the appellants, they beingnonrresidents of the State, and was levied by service of a writ of garnishment on W. W. Dugger, as their debtor. The complaint, as originally filed, contained only the common counts, one declaring on an account stated, one on account for goods, wares and merchandise sold, and another on account for money loaned and advanced. Subsequently an amendment was allowed and filed, by which the appellee sought to condemn certain moneys in the…
1Opinion of the CourtBrickell, C. J.
1. A judgment condemning tbe statutory separate estate of the wife to tbe satisfaction of a claim for articles of comfort and support of tbe household, must specify the property. A general judgment,, or a judgment which pretermits the ascertainment of the estate of the wife condemned to its satisfaction, can not be rendered. Ravisies v. Stoddart, 32 Ala. 599. The present judgment does not ascertain the amount of the fund in the hands- of the garnishee, which is declared liable to its satisfaction. Whether it equals or exceeds the amount of the judgment is unascer-tained. Nor had its amount…
2Cases cited3 opinions
- Ravisies v. Stoddart & Co.Supreme Court of Alabama · 1858
- Vaughan v. MarableSupreme Court of Alabama · 1879
- Cauly v. BlueSupreme Court of Alabama · 1878
3Cited by9 opinions
- Carson & Foley v. TaylorCourt of Appeals of Texas · 1898
- Bradley Fertilizer Co. v. Pollock & Co.Supreme Court of Alabama · 1893
- Callen v. RottenberrySupreme Court of Alabama · 1884
- Thorn v. SprouseWest Virginia Supreme Court · 1894
- Balkum v. KellumSupreme Court of Alabama · 1887
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