Lindsay v. Morris
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. Thomas M. Arrington. Tlie appeal in this case is prosecuted by David Lindsay, the plaintiff in the lower court, from a judgment rendered, granting a motion of the garnishee to strike from the file the tenders of issue made by the plaintiff. The facts sufficiently appear in the opinion of the court.
1Opinion of the CourtHead, J.
At the suit of appellant, Lindsay, the appellees Josiah Morris & Co., were summoned to answer, as garnishees, what they were indebted to Samuel Hyams, the defendant in attachment. On February 25, 1892, they filed in open court, a general answer of not indebted. During the same term, on March 3d, 1892, the court made an order requiring the garnishees to appear on the next day 'and answer orally. They accordingly appeared, and were examined orally and their answer reduced to writing and filed. This oral answer disclosed no admission of indebtedness to, or possession of effects of the defendant,…
2Cases cited2 opinions
- Beckert v. WhitlockSupreme Court of Alabama · 1887
- Ex parte OpdykeSupreme Court of Alabama · 1878
3Cited by9 opinions
- Wefel v. StillmanSupreme Court of Alabama · 1907
- May v. StricklandSupreme Court of Alabama · 1938
- Cottingham v. Greely Barnham Grocery Co.Supreme Court of Alabama · 1900
- McAnally v. Hawkins Lumber Co.Supreme Court of Alabama · 1895
- Powell v. CrawfordSupreme Court of Alabama · 1895
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