Curry v. Woodward
Supreme Court of Alabama
Appeal from Circuit Court of Talladega. Tried before Hon. Vm. H. Smith. Appellant, Woodward, in 1867 recovered a judgment against the Talladega, Insurance Company, and execution being returned “no property found,” he obtained process of garnishment against Curry and Lawler, who were stockholders, and owed the company a balance on their subscription to its capital stock.
Read the full summary
Appeal from Circuit Court of Talladega. Tried before Hon. Vm. H. Smith. Appellant, Woodward, in 1867 recovered a judgment against the Talladega, Insurance Company, and execution being returned “no property found,” he obtained process of garnishment against Curry and Lawler, who were stockholders, and owed the company a balance on their subscription to its capital stock. The record recites that Curry at the fall term, 1870, demurred to the garnishment, and that his demurrer was overruled, but fails to set out the demurrer. Curry then pleaded in abatement of the writ the misjoinder of Lawler…
1Opinion of the CourtManning, J.
At the return term of the writ of garnishment in this cause, (fall term, 1870,) the garnishee (appellant) it seems from the record, demurred to the writ, and the demurrer was overruled. We cannot say the court erred in this, for no demurrer in writing appears in the record, and we do not know that in conformity with the statute, it specified any good cause of demurrer. If it did not, it was properly overruled.
The pleas then filed by appellant were intended to present the issue that appellant Curry and Levi W. Lawler, who were both summoned in and by the same writ of garnishment to answer, as…
2Cases cited5 opinions
- Hair v. MoodySupreme Court of Alabama · 1846
- Payne v. BullardMississippi Supreme Court · 1851
- Voss & Co. v. Robertson, Brown & Co.Supreme Court of Alabama · 1871
- Givens v. RobbinsSupreme Court of Alabama · 1843
- Benton v. LindellSupreme Court of Missouri · 1847
3Cited by19 opinions
- Scovill v. ThayerSupreme Court of the United States · 1882
- Semple v. GlennSupreme Court of Alabama · 1890
- Elyton Land Co. v. Birmingham Warehouse & Elevator Co.Supreme Court of Alabama · 1890
- Ellis v. WardIllinois Supreme Court · 1890
- Ventress v. WallaceMississippi Supreme Court · 1916
14 more not listed; retrieve them via the Exa API.