Diamond Rubber Co. v. Fourth National Bank
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard, before Hon. William H. Thomas. Action by tbe Diamond Rubber Company against W. M. Cannon and others, doing business as the Capital City Auto Company, as defendants, and against the Southern Hardware & Supply Company as garnishee, in which the Fourth National Bank appeared as claimant. From a judgment for claimant, plaintiff appeals.
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Appeal from Montgomery Circuit Court. Heard, before Hon. William H. Thomas. Action by tbe Diamond Rubber Company against W. M. Cannon and others, doing business as the Capital City Auto Company, as defendants, and against the Southern Hardware & Supply Company as garnishee, in which the Fourth National Bank appeared as claimant. From a judgment for claimant, plaintiff appeals. The Southern Hardware & Supply Company answered, admitting an indebtedness of $1,800, which was due as a balance on an automobile purchased by it from the defendant, on which it had paid $100 cash, leaving a balance due…
1Opinion of the CourtAnderson, J.
The Southern Supply Company was garnished, and admitted an indebtedness for the purchase money of a certain automobile from the defendant Cannon, and suggested that said fund was claimed by the appellee, the Fourth National Bank. The fund, and not the automobile, was involved in the controversy, and the issue to be tried, under section 4329 of the Code of 1907, was, not who was entitled to the machine, but who was entitled to the fund? While the statute requires no particular form or nicety of pleading, yet section 4329 requires the claimant to propound his claim in writing and make oath…
2Cases cited3 opinions
- Carew v. Love's Adm'rSupreme Court of Alabama · 1857
- Durden v. McWilliamsSupreme Court of Alabama · 1857
- Butler & Stevens v. Savannah Guano Co.Supreme Court of Alabama · 1898
3Cited by17 opinions
- Sloss v. GlazeSupreme Court of Alabama · 1935
- Birmingham News Co. v. Barron G. Collier, Inc.Supreme Court of Alabama · 1925
- Hill v. RentzSupreme Court of Alabama · 1918
- Stone River National Bank v. Lerman Milling Co.Alabama Court of Appeals · 1913
- Choctaw Bank v. DearmonSupreme Court of Alabama · 1931
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