Powell v. Sammons
Supreme Court of Alabama
Appeal from tbe Circuit Court of Coosa. Tried before tbe Hon. Robeet Doughee,ty. The . appellant was summoned by process of garnishment, at tbe suit of tbe appellees, as tbe debtor of tbe Central Plank-Road Company, and answered in open court as follows: “ Tbat be bad a contract with said Central Plank-Road Company, by tbe terms of wbicb be was to pay $20 per mile, per annum, for running bis stages over tbe road of said company.
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Appeal from tbe Circuit Court of Coosa. Tried before tbe Hon. Robeet Doughee,ty. The . appellant was summoned by process of garnishment, at tbe suit of tbe appellees, as tbe debtor of tbe Central Plank-Road Company, and answered in open court as follows: “ Tbat be bad a contract with said Central Plank-Road Company, by tbe terms of wbicb be was to pay $20 per mile, per annum, for running bis stages over tbe road of said company. When tbat contract went into effect, sixty-five miles of tbe road were completed. He paid tbe company, to tbe 1st August, 1858, all they claimed be owed them. From…
1Opinion of the CourtHice, C. J.
— It is settled, that a judgment for a sum of money cannot be rendered on the answer of a garnishee, against him, unless there is a distinct admission of a legal debt, either due, or to become due, by him to the defendant in the original suit, (Price v. Thomason, 11 Ala. R. 875; Mims v. Parker, 1 Ala. R. 421;) and that the only moneyed demands which can be reached by garnishment, are those which are of such a nature, that they might be recovered in an action of debt or indebitatus assump-sit. — Hall v. Magee, 27 Ala. R. 414; Nesbitt v. Ware & McClanahan, 30 Ala. R. 63; Mims v. Parker, supra.
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2Cases cited4 opinions
- Wales v. StetsonMassachusetts Supreme Judicial Court · 1806
- Faxon v. MansfieldMassachusetts Supreme Judicial Court · 1806
- Taft v. Inhabitants of MontagueMassachusetts Supreme Judicial Court · 1817
- Chadwick v. MooreSupreme Court of Pennsylvania · 1844
3Cited by9 opinions
- In re Marcella Cotton MillsDistrict Court, M.D. Alabama · 1925
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- First Nat. Bank v. MingeSupreme Court of Alabama · 1914
- Price v. Masterson'sSupreme Court of Alabama · 1860
- Alabama Power Co. v. City of GuntersvilleSupreme Court of Alabama · 1938
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