Porter & Blair Hardware Co. v. Perdue
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon, John R. Tyson. The appellant, the Porter & Blair Hardware Company, recovered a judgment against James H. Perdue, R. S. Lee and J. G. Bozeman at the Fall term, 1892, of the circuit court of Butler county. On this judgment a process of garnishment was issued and served on the city of Green-ville, and the mayor and council of the city of Greenville.
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Appeal from the Circuit Court of Butler. Tried before the Hon, John R. Tyson. The appellant, the Porter & Blair Hardware Company, recovered a judgment against James H. Perdue, R. S. Lee and J. G. Bozeman at the Fall term, 1892, of the circuit court of Butler county. On this judgment a process of garnishment was issued and served on the city of Green-ville, and the mayor and council of the city of Greenville. No noticeof the issuance and service of said garnishment was served upon the defendants. On May 8, 1893, at the Spring term, 1893, of the circuit court of Butler county, the garnishee,…
1Opinion of the CourtMcCLELLAN, J.
Garnishment is a remedy or process of purely statutory creation and existence. There is no authority for a resort to it — courts are without jurisdiction to.grant and effectuate it — except in cases and against parties which and who are within the terms of the statute.. Public corporations, such as towns and cities, are not within the purview of the statute of garnishment in this State: they are held not to be subject to this process, unless included in unequivocal terms by the letter of the statute, on grounds of public policy ; and our statute does not so include them. Underhill v. Calhoun,…
2Cases cited1 opinion
- Underhill v. CalhounSupreme Court of Alabama · 1879
3Cited by12 opinions
- Sloss v. GlazeSupreme Court of Alabama · 1935
- Duval County v. Charleston Lumber & Manufacturing Co.Supreme Court of Florida · 1903
- Ellis v. Pratt CitySupreme Court of Alabama · 1895
- Sanders v. SteeleSupreme Court of Alabama · 1899
- Boykin v. LawSupreme Court of Alabama · 2006
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