Yeager v. Self
Supreme Court of Alabama
•Appeal from tbe Circuit Court of Bibb. . ■■ Tried before tbe Hon. John Moore. . W. H. Yeager recovered a judgment in tbe .justice ■court against C. C. Self and tbe cause was appealed to tbe circuit .court.. In tbe circuit court tbe judgment was.for tbe defendant, Self, for costs of suit; On. this •last judgment Self sued out. a garnishment against tbe Tennessee- Opal, Iron & R. .R.
Read the full summary
•Appeal from tbe Circuit Court of Bibb. . ■■ Tried before tbe Hon. John Moore. . W. H. Yeager recovered a judgment in tbe .justice ■court against C. C. Self and tbe cause was appealed to tbe circuit .court.. In tbe circuit court tbe judgment was.for tbe defendant, Self, for costs of suit; On. this •last judgment Self sued out. a garnishment against tbe Tennessee- Opal, Iron & R. .R. Co. as being indebted, to Yeager. - Whereupon Yeager made, bond as provided by "Statute, Code, § 2183, in .order- to dissolve ,the garnishment.' .Judgment was rendered, on this, bond against tbe principal and…
1Opinion of the CourtHaralson, J.
— Under tbe act of 1890-91, “To dissolve garnishments in cases -where tbe defendant executes bond to plaintiff” (Acts 1890-91, p. 590), it has been several times held by this court, that a judgment cannot be rendered against tbe obligors in tbe bond given under tbe provisions of said act, unless and until tbe garnishee’s liability is ascertained, according to tbe forms provided thérefor by‘ existing' laws.-Collins v. Baldwin, 109 Ala. 402; Guilford v. Reeves, 103 Ala. 301; Skews v. Vancleave, 24 So. Rep. 859, s. c. 119 Ala. 418.
• ;-In this. case, it does not appear that the garnishee ever…
2Cases cited3 opinions
- Guilford v. Reeves & Co.Supreme Court of Alabama · 1893
- Collins v. Baldwin & Co.Supreme Court of Alabama · 1895
- Skews v. VancleaveSupreme Court of Alabama · 1898
3Cited by1 opinion
- Carpenter, Baggett & Co. v. MillerAlabama Court of Appeals · 1911