Molton & Falkner v. Escott & Sons
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John D. Cunningham. The appellees had a judgment against W. S. Barton, and sued out a garnishment against the appellants, as the debtors of said Barton. The garnishees filed a written answer, on which the court rendered judgment final against them, for the amount of the plaintiff’s judgment and costs; and this judgment is now assigned as error.
1Opinion of the CourtB. F. Saffold, J.
The appellants were garnishees of W. S. Barton, in a suit instituted against him by the appellees. They answered by giving a statement of facts, from which the court was to decide whether they were indebted to him or not; and judgment was rendered against them for the amount of the debt in suit.
Barton, being in debt, made an assignment of his stock of goods to Miss Foster, who was to sell them by retail, or in whole, and out of the proceeds to pay such of the debts as were a lien on the goods, and afterwards to pay whatever balance remained to the other creditors. Prior to the service of the…
2Cases cited2 opinions
- Easton v. LowerySupreme Court of Alabama · 1856
- Mobile & Ohio Railroad v. Whitney & Co.Supreme Court of Alabama · 1864
3Cited by1 opinion
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884