First National Bank v. Dunn
Supreme Court of Alabama
Appeal from City Gburt of Gadsden. Tried before the Pión. John H. Disque. This is an appeal from a judgment of the city court dissolving a writ of garnishment. On April 2, 1891, the First National Bank of Gadsden recovered a judgment in the circuit court of Etowah county against F. C. Dunn and J. G. Thompson.
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Appeal from City Gburt of Gadsden. Tried before the Pión. John H. Disque. This is an appeal from a judgment of the city court dissolving a writ of garnishment. On April 2, 1891, the First National Bank of Gadsden recovered a judgment in the circuit court of Etowah county against F. C. Dunn and J. G. Thompson. On January 13, 1893, the said plaintiffs sued out' a garnishment in the 'city court of Gadsden upon said judgment obtained in the circuit court, and garnished the First National Bank of Birmingham. The defendant then made a motion to dissolve the writ of garnishment issued by the clerk…
1Opinion of the CourtColeman, J.
The appellant, having recovered a judgment against J. G. Thompson and F. C. Dunn in the circuit court of Etowah county, sued out process of garnishment on the judgment before the clerk of the city court of Gadsden, returnable to the city court. At the hearing the city court dismissed the garnishment suit. The question presented is, whether the clerk of the city court of Gadsden was authorized to issue the garnishment returnable to the city court.
Garnishment proceedings depend wholly upon authority conferred by statute, and must be commenced and prosecuted as therein provided. Section 2971 of…
2Cases cited6 opinions
- Jackson v. ShipmanSupreme Court of Alabama · 1856
- Skipper v. FosterSupreme Court of Alabama · 1856
- Blair v. RhodesSupreme Court of Alabama · 1843
- Cross v. SpillmanSupreme Court of Alabama · 1890
- Little v. FittsSupreme Court of Alabama · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pepperell Manufacturing Co. v. Alabama National BankSupreme Court of Alabama · 1954
- Willson v. PennoyerSupreme Court of Minnesota · 1904
- Pepperell Manufacturing Co. v. Alabama National BankSupreme Court of Alabama · 1954