Gildersleeve v. Caraway
Supreme Court of Alabama
ERROR, to the Circuit Court of Mobile. Tried before the Hon. John Bragg. The plaintiff contends there was error in the court below in excluding the judgments in the County Court. Those judgments it is admitted were irregular, but there is no foundation for the argument that they were void. The court had jurisdiction of the garnishee by the summons of the garnishment, and no judgment against him could be resisted as a nullity.
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ERROR, to the Circuit Court of Mobile. Tried before the Hon. John Bragg. The plaintiff contends there was error in the court below in excluding the judgments in the County Court. Those judgments it is admitted were irregular, but there is no foundation for the argument that they were void. The court had jurisdiction of the garnishee by the summons of the garnishment, and no judgment against him could be resisted as a nullity. The irregularity of the proceedings was a matter of no consequence, except to garnishee. — Tubb v. Morring, Minor’s R. 129 ; Parmer v. Ballard, 8 Stew. 326 ; 6 Ala. R.…
1Opinion of the CourtParsons, J.
The judgment against Gildorsleeve as garnishee, in the suit of Robertson, Beal & Co. v. Caraway, was final in the first instance, and without his answer. It was consequently erroneous, because, in such cases, the statute requires a conditional judgment in the first instance, and a scire facias to show cause. It appears by the judgment entry against Gil-dersleeve, that he had been summoned as a garnishee, and the judgment was final and absolute. Having been summoned, he was subject to the jurisdiction of the court, and we think the judgment against him, although erroneous, was not void. The…
2Cases cited3 opinions
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Cox v. CooperSupreme Court of Alabama · 1841
- Johns v. FieldSupreme Court of Alabama · 1843
3Cited by2 opinions
- Jones v. BlairSupreme Court of Alabama · 1876
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