Flash, Hartwell & Co. v. Paul, Cook & Co.
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNSTry. This action was commenced by an original attachment, which was issued by the clerk of the city court of Mobile, at the suit of Paul, Cook & Co. v. A. Plash & Co. ; and the present appellants were summoned, by process of garnishment, as the debtors of said A. Plash & Co. A judgment by default was rendered against the defendants in attachment, and at a subsequent term a judgment was rendered against…
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNSTry. This action was commenced by an original attachment, which was issued by the clerk of the city court of Mobile, at the suit of Paul, Cook & Co. v. A. Plash & Co. ; and the present appellants were summoned, by process of garnishment, as the debtors of said A. Plash & Co. A judgment by default was rendered against the defendants in attachment, and at a subsequent term a judgment was rendered against the garnishees on their answer, which judgment, they now assign as error. cited tbe case o Stevenson v. O'Hara, 27 Ala.…
1Opinion of the CourtWalker, J.
An original attachment was issued by the clerk of the city court of Mobile, against non-resident defendants, and was levied only by service of garnishment process on the appellants. Judgment was rendered against the defendants in attachment, and against the defendants in garnishment. The garnishees seek, by this appeal, to reverse the judgment against them. This court decided in Stevenson v. O’Hara, 27 Ala. 362, that an original attachment, issued by the clerk of the city court of Mobile, was void : and that a judgment, predicated on such attachment, was also void. That decision has been at…
2Cases cited4 opinions
- Gaines v. BeirneSupreme Court of Alabama · 1841
- Stebbins v. FitchSupreme Court of Alabama · 1827
- Stevenson v. O'HaraSupreme Court of Alabama · 1855
- Lowry v. ClementsSupreme Court of Alabama · 1846
3Cited by5 opinions
- Jackson v. BainSupreme Court of Alabama · 1883
- Donald Bros. & Co. v. NelsonSupreme Court of Alabama · 1891
- Faulks v. HeardSupreme Court of Alabama · 1858
- Moore v. DickersonSupreme Court of Alabama · 1870
- Sheppard v. Powers & Bros.Supreme Court of Alabama · 1874