Cottingham v. Greely Barnham Grocery Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Bibb. Tried before the Hon. John Moore. The appellee, the Greely Burnham Grocery Company, recovered a judgment against E. N. Cottingliam and J. L. Buttle, as partners doing business under the name of E. N. Cottingham & Co. Upon this judgment they sued out a writ of garnishment, which was served upon the appellant, J. M. Cottingham.
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Appeal from the Circuit Court of Bibb. Tried before the Hon. John Moore. The appellee, the Greely Burnham Grocery Company, recovered a judgment against E. N. Cottingliam and J. L. Buttle, as partners doing business under the name of E. N. Cottingham & Co. Upon this judgment they sued out a writ of garnishment, which was served upon the appellant, J. M. Cottingham. This writ of garnishment was issued on December 13, 1894, and was executed on the same day by serving a copv thereof on the garnishee. On December 19, 1894, the garnishee answered denying any indebtedness to E. N. Cotting-ham and J.…
1Opinion of the Court
TYSON, J.-
The statute does not require the issue' to be made at the term of the court at which the answer of the garnishee is contested. It only requires that the plaintiff, his agent or attorney may controvert the-answer by making oath, at the term the answer is made, that he believes it to be untrue. — ‘Code, § 2196, and authorities cited thereunder.
The issue to be made up, after a contest of the answer, under the direction of the court, in which the-plaintiff must allege in what respect the answer is untrue, is in the nature of a complaint in the cause, and not entirely dissimilar in…
2Cases cited7 opinions
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Holley v. CoffeeSupreme Court of Alabama · 1898
- Rankin & Co. v. Vandiver & Co.Supreme Court of Alabama · 1885
- Jones v. NorrisSupreme Court of Alabama · 1841
- Lindsay v. MorrisSupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- American Nat. Bank & Trust Co. v. PowellSupreme Court of Alabama · 1937
- Harrison v. Alabama Midland Ry. Co.Supreme Court of Alabama · 1906
- Aetna Life Insurance v. LasseterSupreme Court of Alabama · 1907
- Booker T. Washington Burial Ins. Co. v. RobertsSupreme Court of Alabama · 1934
16 more not listed; retrieve them via the Exa API.