First National Bank v. Dimmick
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. W. H. Thomas. The First National Bank had judgment against the • Montgomery Iron Works, and in aid thereof procured garnishment to issue and be served upon J. W. Dim-mick. From a judgment for the garnishee plaintiff appeals.
1DissentAnderson, J.
(dissenting). — While I am not disposed to take issue with the opinion of the Chief Jus*591tice to the effect that an answer, when filed as authorized by the statute, becomes a part of the record without any affirmative action of the court, yet I think that, in order for it to do so, it must be filed at a time fixed by law, else with the consent of the court to the filing of same, and unless it is filed, as authorized by the statute or with the consent of the court, it is not a legal answer, and does not become a part of the record, and cannot be regarded as binding on the plaintiff, unless, he…
2Cases cited1 opinion
- McPhillips v. HubbardSupreme Court of Alabama · 1892