Roby v. Labuzan
Supreme Court of Alabama
Error to tbe Circuit Court of Mobile. Tried before tbe Hon L. Gibbons. This suit was commenced by attachment by tbe plaintiff in error against Aaron H. Jones, and Labuzan was summoned as a garnishee.
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Error to tbe Circuit Court of Mobile. Tried before tbe Hon L. Gibbons. This suit was commenced by attachment by tbe plaintiff in error against Aaron H. Jones, and Labuzan was summoned as a garnishee. He appeared and answered, denying generally that be was indebted to Jones, or that be bad any effects of bis in bis possession, and then stated, in substance, tbe following facts: That in February or March, 1851, be shipped, at tbe request of Jones, to tbe firm of Buchanan, Carroll & Co., of New Orleans, a quantity of cotton, on which be bad made a large advance of money, to be reimbursed from…
1Opinion of the CourtDargan, C. J.
— The decisions of this court have settled the question, that the process of garnishment relates only to the time of its service; and if there is no indebtedness at that time from the garnishee to the defendant in the .attachment, the plaintiff will not be entitled to judgment, although it may appear, that, between the time of service and answer, the garnishee became indebted, and paid the debt to the defendant in attachment. The Branch Bank at Mobile v. Poe, 1 Ala. 396; Hazard, admr. v. Franklin, 2 Ala. 349; Payne v. The Mayor and Aldermen of the City of Mobile, 4 Ala. 333. In the case cited…
2Cases cited4 opinions
- Harrell v. WhitmanSupreme Court of Alabama · 1851
- Hazard v. FranklinSupreme Court of Alabama · 1841
- Payne v. Mayor of MobileSupreme Court of Alabama · 1842
- Branch Bank v. PoeSupreme Court of Alabama · 1840
3Cited by6 opinions
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- Toomer v. RandolphSupreme Court of Alabama · 1877
- Godden v. PiersonSupreme Court of Alabama · 1868
- Whitesell v. StudyIndiana Court of Appeals · 1906
- Mobile & Ohio Railroad v. Whitney & Co.Supreme Court of Alabama · 1864
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