Edmondson v. De Kalb County
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. W. L. Whitlock. De Kalb county, having obtained a judgment for $1,150 against Etowah county, sued out a garnishment on it on the 2d May, 1872, against Samuel Edmondson, as the debtor of said county.
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Appeal from the Circuit Court of Etowah. Tried before the Hon. W. L. Whitlock. De Kalb county, having obtained a judgment for $1,150 against Etowah county, sued out a garnishment on it on the 2d May, 1872, against Samuel Edmondson, as the debtor of said county. At the May term, 1872, a judgment nisi, for want of an answer, was entered against the garnishee; and a motion was made at the same term by the attorneys for Etowab county, to dismiss the garnishment for want of secm’ity for the costs. At the October term, 1873, to which the cause was regularly continued, the court overruled the motion…
1Opinion of the CourtBrickell, J.
A garnishment issued at the suit of a judgment creditor, against a supposed debtor of the defendant in the judgment, is a new suit, to which the creditor is plaintiff, and the garnishee defendant. The judgment debtor is a stranger to the proceeding, unless he intervenes under section 2975 of the Revised Code. The only purpose for which he can intervene is to controvert the answer of the garnishee, and to show that he is indebted to him in a sum greater than he admits. In the absence of such intervention, the garnishment proceeding and the judgment therein rendered are, as to the judgment…
2Cases cited4 opinions
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Marshall County v. Jackson CountySupreme Court of Alabama · 1860
- Smoot v. HartSupreme Court of Alabama · 1858
- Jones v. KolisenskiSupreme Court of Alabama · 1847
3Cited by9 opinions
- Elmore County Com'n v. RagonaSupreme Court of Alabama · 1990
- Clark v. Board of Com'rs of Osage CountySupreme Court of Oklahoma · 1916
- Shepherd v. JonesSupreme Court of Alabama · 1934
- Chicago & Northwestern Railway Co. v. Alvin R. Durham Co.Supreme Court of the United States · 1926
- State ex rel. Mobile County v. StoneSupreme Court of Alabama · 1881
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