Legal Opinion

Hare v. Hartley

Supreme Court of Alabama

Decided September 9, 1977No. SC 2467Published

1Opinion of the Court

JONES, Justice.

This appeal from an adverse summary judgment presents two issues:

1. Is an assignment superior to a garnishment where the garnishment issues subsequent to the assignment?

2. Is the assignment and lien securing a debt merged into a judgment and thus extinguished and lost?

Although this case has followed a long and convoluted course, the basic facts essential to our consideration and decision may be abbreviated as follows:

In 1967, appellees obtained judgments against Arthur C. Hartley, Jr. In April, 1975, appellant Hare obtained an assignment from Hartley of his share of commissions…

2Cases cited2 opinions

  1. Canterbury & Gilder v. Marengo Abstract Co.Supreme Court of Alabama · 1910
  2. McGregor v. McGregorSupreme Court of Alabama · 1950

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