Harrell v. Whitman
Supreme Court of Alabama
EititoR. to the County Court of Lowndes. 1. The proceeding by garnishment in point of law, is the institution of a suit, and is governed by the same general rules of law applicable to other suits. — S. & E. Travis v. Tartt, 8 Ala. 514. It is a legal and not an equitable proceeding. — Thomas v. Hopper, 5 Ala. 442. 2. The attaching creditor is merely substituted to the legal rights of his debtor, and can only recover against the garnishee, where the debtor himself could…
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EititoR. to the County Court of Lowndes. 1. The proceeding by garnishment in point of law, is the institution of a suit, and is governed by the same general rules of law applicable to other suits. — S. & E. Travis v. Tartt, 8 Ala. 514. It is a legal and not an equitable proceeding. — Thomas v. Hopper, 5 Ala. 442. 2. The attaching creditor is merely substituted to the legal rights of his debtor, and can only recover against the garnishee, where the debtor himself could recover; see the authorities above cited. 3. If Powers had brought suit against the garnishee, would the note as set out in…
1Opinion of the CourtParsons, J.
James K. Whitman issued an attachment against John Powers, and summoned German B. Harrell as a garnishee, who we infer from the record, denied any indebted*138ness to Powers, the defendant in attachment. The plaintiff contested the answer of the garnishee, and tendered the following issue: aand the said plaintiff by his attorney comes and says, that the garnishee within named, is indebted to the defendant, John Powers, and was at the time of the service of the garnishment.’7 The garnishee moved the court to reject the issue thus tendered, and to compel the plaintiff to file a statement or…
Also in this document: Per curiam.
2Cases cited6 opinions
- Davis v. StateSupreme Court of Alabama · 1850
- Legal Representatives of Thomas v. HopperSupreme Court of Alabama · 1843
- Walke v. McGeheeSupreme Court of Alabama · 1847
- Hall v. MontgomerySupreme Court of Alabama · 1845
- McGehee v. WalkeSupreme Court of Alabama · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- Thurber v. . BlanckNew York Court of Appeals · 1872
- Webster v. SteeleIllinois Supreme Court · 1874
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- Toomer v. RandolphSupreme Court of Alabama · 1877
10 more not listed; retrieve them via the Exa API.