McCormick Harvesting Machine Co. v. Vaughn
Supreme Court of Alabama
Appeal from tlie Circuit Court of Lawrence. Tried, before the Hon. H. C. Speake. At the spring term of the circuit court -of Lawrence county the McCormick Harvesting Machine Company recovered a judgment against A. T. Vaughn in the sum of $82.10. On July 12, 1900, the said McCormick Harvesting Machine Company, by its representatives, sued out a writ of garnishment upon said judgment, and this writ was served on July 16, 1900, upon the Southern Bailway Company.
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Appeal from tlie Circuit Court of Lawrence. Tried, before the Hon. H. C. Speake. At the spring term of the circuit court -of Lawrence county the McCormick Harvesting Machine Company recovered a judgment against A. T. Vaughn in the sum of $82.10. On July 12, 1900, the said McCormick Harvesting Machine Company, by its representatives, sued out a writ of garnishment upon said judgment, and this writ was served on July 16, 1900, upon the Southern Bailway Company. In response to the service of the writ of garnishment, the Southern Bailway Company' filed its answer in which it set forth that A. T.…
1Opinion of the CourtTyson, J.
The debt sought to be enforced by the writ of garnishment in this case arose out of a contract executed prior to the adoption of 'the present Code, and, therefore, prior to the act of February 23, 1899, amending section 2038 of the Code, abolishing the remedy by garnishment to subject wages, salaries or other compensation of laborers or employes for personal services to the amount of twenty-five dollars per month. — Acts, 1898-99, p. 37. Neither section 2038 nor the act can have the effect to impair the plaintiff’s right to enforce his demand in this proceeding.—Adams v. Green, 100 Ala. 218,…
2Cases cited3 opinions
- Enzor & McNeill v. HurtSupreme Court of Alabama · 1884
- Kennedy v. SmithSupreme Court of Alabama · 1892
- Adams v. CreenSupreme Court of Alabama · 1893
3Cited by2 opinions
- Coffman v. FoldsSupreme Court of Alabama · 1927
- First National Bank of Jasper v. Robinson (In Re Robinson)United States Bankruptcy Court, N.D. Alabama · 1999