Balkum v. Strauss
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. Action by Joseph Strauss and others against J. A. Balkum. Certain persons were summoned as garnishees, and defendant filed a bond, whereupon the garnishment proceedings were dismissed. From a judgment against defendant and his sureties on the bond, they appeal.
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Appeal from the Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. Action by Joseph Strauss and others against J. A. Balkum. Certain persons were summoned as garnishees, and defendant filed a bond, whereupon the garnishment proceedings were dismissed. From a judgment against defendant and his sureties on the bond, they appeal. The act to dissolve garnishments in cases where the defendant executes a bond to plaintiff was enacted by the general assembly of Alabama, February 12, 1891, and is in the following language : “Section 1. Be it enacted by the general assembly of Alabama,…
1Opinion of the CourtStone, C. J.
This case presents for our interpretation the act “To dissolve garnishments in cases where the defendant executes bond to plaintiff,” approved February 12,1891. Sess. Acts 1890-91, p. 590. After the attachment was served on the garnishees, the defendant Balkum, together with others as his sureties, executed a bond made payable to plaintiffs, and in proper penalty and condition, which was approved by the clerk of the court and filed in his office; and which bond conforms to the statute. On approving and filing this bond, the clerk made an order dissolving the garnishments.
Balkum v. Reeves, 98…
2Cases cited2 opinions
- Lehman v. RobinsonSupreme Court of Alabama · 1877
- Balkum v. ReevesSupreme Court of Alabama · 1893
3Cited by2 opinions
- Standard Sanitary Manufacturing Co. v. Benson Hardware Co.Supreme Court of Alabama · 1934
- Collins v. Baldwin & Co.Supreme Court of Alabama · 1895