Wellborn v. Buck
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hoxx. James J. Banks. S. R. "Wellborn, the appellant, brought axx action of assumpsit against one Steve McIntosh, and sued out an ancillary writ of garnishment, which was served upon the Howard-Harrison Iron Company. The suit was commenced in a justice of the peace court, where judgment was rendered agaixxst the defendant.
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Appeal from the Circuit Court of Jefferson. Tried before the Hoxx. James J. Banks. S. R. "Wellborn, the appellant, brought axx action of assumpsit against one Steve McIntosh, and sued out an ancillary writ of garnishment, which was served upon the Howard-Harrison Iron Company. The suit was commenced in a justice of the peace court, where judgment was rendered agaixxst the defendant. The garnishee answered axi indebtedxxess to the defendant, and suggested the appellee, F. M. Buck, as claimant. From a judgment in favor of tlxe plaintiff, xxpoxi issue joined between hixn and the claimant, the…
1Opinion of the Court
BRICKELL, C. J. —
Ordinarily, contingent rights and interests are not assignable at law; yet, if coupled with some present interest, they are capable of legal assignment. — 2 Story Eq., § 1049; Patapsco Guano Co. v. Ballard, 107 Ala. 710. An example is, that wages to be earned in the future under an existing contract for their rendition, providing the rate or measure of compensation, are capable of assignment. The principle, as it *280may be collected from the present state of the authorities, is expressed with clearness and precision in 1 Amer. & Eng. Encyc. of Law, p. 828, and we quote it at…
2Cases cited4 opinions
- Patapsco Guano Co. v. BallardSupreme Court of Alabama · 1894
- Purcell's Adm'r v. MatherSupreme Court of Alabama · 1860
- Skipper v. StokesSupreme Court of Alabama · 1868
- Payne v. Mayor of MobileSupreme Court of Alabama · 1842
3Cited by6 opinions
- United States Fidelity & Guaranty Co. v. ArmstrongSupreme Court of Alabama · 1932
- Canterbury & Gilder v. Marengo Abstract Co.Supreme Court of Alabama · 1910
- Speilberger Bros. v. BrandesAlabama Court of Appeals · 1912
- Broadwell v. ImmsAlabama Court of Appeals · 1915
- Harrison v. Louisville & Nashville RailroadSupreme Court of Alabama · 1897
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