Whorley v. Memphis & Charleston Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. IT. O. Speaiíe. The appellants in this case, J. &. L. Whorley, recovered a judgment by default against William Greet, at the April term, 1874, and a writ of inquiry as to the damages was ordered, to-be executed at the next term; and at the next term, on the execution of the writ, the damages were assessed at $195.47. On this judgment a garnishment was sued out on the 29th of September, 1877, and was served on…
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Appeal from the Circuit Court of Limestone. Tried before the Hon. IT. O. Speaiíe. The appellants in this case, J. &. L. Whorley, recovered a judgment by default against William Greet, at the April term, 1874, and a writ of inquiry as to the damages was ordered, to-be executed at the next term; and at the next term, on the execution of the writ, the damages were assessed at $195.47. On this judgment a garnishment was sued out on the 29th of September, 1877, and was served on the Memphis & Charleston Railroad Company as the debtor of said Greet. The garnishee filed an answer, admitting an…
1Opinion of the CourtBrickell, C. J.
A garnishment, issued as a remedy to -obtain satisfaction of a judgment, is strictly statutory, and is, In some respects, a new suit; yet, it is essentially consequential, *22and auxiliary to the judgment.—Blair v. Rhodes, 5 Ala. 548 Hopper v. Todd, 8 Ala. 121; Case v. Moore, 21 Ala. 758;, Jackson v. Shipman, 28 Ala. 488. It can not issue from any other court than that in which the judgment was rendered. Hopper v. Todd, supra. Like ap execution upon the judgment, it must issue in the name of the plaintiff in whose favor the judgment was rendered, though he may not be the real and beneficial…
2Cases cited8 opinions
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Jackson v. ShipmanSupreme Court of Alabama · 1856
- Albers v. WhitneyU.S. Circuit Court for the District of Massachusetts · 1840
- Case v. MooreSupreme Court of Alabama · 1852
- Governor v. KnightSupreme Court of Alabama · 1845
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
- Chester v. GravesCourt of Appeals of Kentucky · 1914
- Wyatt v. StateAlabama Court of Appeals · 1951
- Conn v. SellersSupreme Court of Alabama · 1917
- Clark v. MasonCourt of Appeals of Kentucky (pre-1976) · 1934
15 more not listed; retrieve them via the Exa API.