Murphree v. City of Mobile
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before Hon. James T. Jones. Mary J .Murphree recovered a judgment against the city of Mobile and garnishments were issued thereon-. The garnishees put in answers, and the plaintiff moved for a judgment against each of them on their answer. The motion was denied and the garnishees discharged.
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Appeal from Mobile Circuit Court. Tried before Hon. James T. Jones. Mary J .Murphree recovered a judgment against the city of Mobile and garnishments were issued thereon-. The garnishees put in answers, and the plaintiff moved for a judgment against each of them on their answer. The motion was denied and the garnishees discharged. There are three barriers t-o the jurisdiction of the court to grant a motion of judgment debtor to discharge the garnishees pending contest of answer. 1. The judgment debtor was not a party to the suit. Cross v. Spillman & Scott, 93 Alabama, 172; 1st Brick. Dig., p.…
1Opinion of the CourtHead, J.
The appellant (plaintiff below) having recovered a • judgment in the Mobile Circuit Court, against the city of Mobile, a municipal corporation, for the sum of $5,000, sued out garnishments thereon against the First National Bank of Mobile, the Alabama National Bank of Mobile, the Peoples Savings Bank, W. H. Leinkauff & Son, Bankers, and F. E. Tutwiler & Co. (and another bank who was discharged, on answer, by consent) as supposed debtors of the city. The said banks and bankers, whose place of business was Mobile, severally answered, showing large deposit balances, with them, in favor of the…
2Cases cited1 opinion
- Mayor of Birmingham v. Rumsey & Co.Supreme Court of Alabama · 1879
3Cited by10 opinions
- Burgess v. Kansas CityMissouri Court of Appeals · 1953
- Beadles v. FrySupreme Court of Oklahoma · 1905
- Roman v. DimmickSupreme Court of Alabama · 1898
- Russell & Johnson v. Town of OneontaSupreme Court of Alabama · 1917
- Skewes v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1899
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