Chambers v. Yarnell
Supreme Court of Alabama
Appeal from the Circuit Court of Russell, Tried before the Hon, Nat. Cook, The appellee in this case obtained a judgment against William Leonards at the spring term, 1857, of said circuit • iiourt | and the appellant was afterwards summoned, by process of garnishment, as the debtor of said Leonard, The ..record contains, 1st, the affidavit of the plaintiff’s attorney, -on which the garnishment .was issued $ 2d, -.the writ of garnishment -, 3d, a minute-entry reciting the…
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Appeal from the Circuit Court of Russell, Tried before the Hon, Nat. Cook, The appellee in this case obtained a judgment against William Leonards at the spring term, 1857, of said circuit • iiourt | and the appellant was afterwards summoned, by process of garnishment, as the debtor of said Leonard, The ..record contains, 1st, the affidavit of the plaintiff’s attorney, -on which the garnishment .was issued $ 2d, -.the writ of garnishment -, 3d, a minute-entry reciting the .garnishee’s appearance and answer j and, 4th, the judgment against the garnishee, The said minute-entry and judgment are…
1Opinion of the CourtStone, J.
The judgment in this case-cannot be supported, because it fails to recite the fact and amount of the recovery against the defendant in execution. Nothing in this record, except the ex-parte affidavit-of the attorney on which the garnishee process was sued out, shows that the plaintiff has a judgment against the elder Leonard. The record does not show enough to.justify the judgment against the garnishee. — Faulks v. Heard & Due, 31 Ala. 516.
[2.] The judgment against -the garnishee, for the coste of the collateral issue between -the plaintiff and the alleged transferree, is also erroneous. The…
2Cases cited1 opinion
- Faulks v. HeardSupreme Court of Alabama · 1858
3Cited by4 opinions
- Smith v. JacksonSupreme Court of Alabama · 1876
- Jones v. ManierSupreme Court of Alabama · 1893
- Prudential Savings Bank v. LooneySupreme Court of Alabama · 1914
- Flaketown Graphite Co. v. DaleAlabama Court of Appeals · 1919