Kemp v. Coxe
Supreme Court of Alabama
Writ of Error to the Circuit Court of Autauga. Before the Hon. John Bragg. The facts sufficiently appear in the opinion of the court.
1Opinion of the CourtDargan, J.
The plaintiffs in error recovered a judgment in the circuit court of Autauga, against Herndon & Kelly, and procured a writ of garnishment to be issued to the defendant in error, as a debtor of the defendants in the judgment.
The garnishee appeared, and filed a suggestion under oath, showing that the plaintiffs had filed a bill in chancery, to subject the same debt to the satisfaction of the judgment sought to be condemned by the writ of garnishment, and *615praying that the plaintiffs be compelled to elect, in which of the said suits they would proceed, and to dismiss the other. The fact being…
2Cases cited2 opinions
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Mahoney v. ChandlerSupreme Court of Alabama · 1845
3Cited by3 opinions
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Dunlap v. NewmanSupreme Court of Alabama · 1875
- Scales v. Central Iron & Coal Co.Supreme Court of Alabama · 1911