Wicks v. Branch Bank at Mobile
Supreme Court of Alabama
Error to the Circuit Court of Mobile. A garnishment, issued pursuant to the statute, upon affidavit, that the plaintiff had recovered a judgment, &c. against D. D. Kane and John P. Clark, on which a fieri facias had been issued, and returned “ no property found,” &c., and it was believed the Branch of the Bank of the State of Alabama at Mobile was indebted to D. D. Kane.
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Error to the Circuit Court of Mobile. A garnishment, issued pursuant to the statute, upon affidavit, that the plaintiff had recovered a judgment, &c. against D. D. Kane and John P. Clark, on which a fieri facias had been issued, and returned “ no property found,” &c., and it was believed the Branch of the Bank of the State of Alabama at Mobile was indebted to D. D. Kane. The garnishee, through its officers, answered, disclosing the following facts. 1. At the time when the garnishment was served, the Branch Bank had in its possession the sum of sixty-five dollars, due to Kane from the State…
1Opinion of the CourtCollier, C. J.
What has been called, in argument, the first and second answer of the garnishee, cannot be separated, but must be considered together. The first is nothing more than the answer made without interrogation upon the service of garnishment; the second is the answer of the garnishee to interrogatories afterwards propounded to the bank, which specially refer to the answer on file, recite it in part, and call for a more particular disclosure. A judgment ivas rendered, upon the coming in of these answers, stating that the garnishee had denied an indebtedness to the defendant in execution, and…
2Cases cited3 opinions
- Gaines v. BeirneSupreme Court of Alabama · 1841
- Foster, Nostrand & Co. v. WalkerSupreme Court of Alabama · 1841
- Leigh v. SmithSupreme Court of Alabama · 1843
3Cited by3 opinions
- Mayor of Mobile v. Rowland & Co.Supreme Court of Alabama · 1855
- Self v. KirklandSupreme Court of Alabama · 1854
- Edwards v. LevinshonSupreme Court of Alabama · 1886