Rowland & Co. v. Plummer
Supreme Court of Alabama
Appeal from the Law and Equity Court of Lawrence. Tried before the Hon. James S. Clark. The appellants in this case commenced suit, by attachment against W. R. Johnson on the 15th June, 1870, and summoned R. E. Tweedy and A. E. Ashford, by process of garnishment, as the debtors of said Johnson.
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Appeal from the Law and Equity Court of Lawrence. Tried before the Hon. James S. Clark. The appellants in this case commenced suit, by attachment against W. R. Johnson on the 15th June, 1870, and summoned R. E. Tweedy and A. E. Ashford, by process of garnishment, as the debtors of said Johnson. The garnishees filed separate answers, admitting that, on the 6th day of June, 1870, they executed their joint and several promissory note for $8,174.15, payable on the 1st day of January, 1871, to said W. R. Johnson or bearer; and stating that, since the service of the garnishment, they had been…
1Opinion of the CourtPeters, C. J.
No objection was made to the form of the issue, or the pleadings, in the court below. On the trial of such an issue, the plaintiff in attachment is the actor,' and assumes to show that the assignment of the note is invalid. Grady’s Adm’r v. Hammond, 21 Ala. 427 ; Goodwin v. Brooks, 6 Ala. 836. It would seem that, if the truth of the answer is not denied, the assignment, or transfer of the note, is admitted. 33 Ala. 454. This puts the assignee, or transferee, in the attitude of a party in possession ; and this possession is assailed by the plaintiffs in the attachment. Then, the assailing…
2Cases cited17 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Atwood's Heirs v. BeckSupreme Court of Alabama · 1852
- Freeman v. ScurlockSupreme Court of Alabama · 1855
- Robison v. RobisonSupreme Court of Alabama · 1870
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Connolly v. StateCourt of Criminal Appeals of Alabama · 1985
- Congress of Industrial Organizations v. McAdorySupreme Court of the United States · 1945
- Swain v. TerrySupreme Court of Alabama · 1984
16 more not listed; retrieve them via the Exa API.