Ex'rs of Tillinghast v. Johnson
Supreme Court of Alabama
Error to the Circuit Court of Marengo. This suit was commenced in the court below, by the defendant in error against Robert H. Dansby, on a promissory note, pending which, under the act of 1837, affidavit was made, and an ancillary attachment sued out, by which Mrs. M. A. Tillinghast was summoned as garnishee, to declare on oath what she was indebted to Robert H. Dansby.
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Error to the Circuit Court of Marengo. This suit was commenced in the court below, by the defendant in error against Robert H. Dansby, on a promissory note, pending which, under the act of 1837, affidavit was made, and an ancillary attachment sued out, by which Mrs. M. A. Tillinghast was summoned as garnishee, to declare on oath what she was indebted to Robert H. Dansby. Subsequently, upon a suggestion that Mrs. Tillinghast had intermarried with John B. Hogan, a scire facias issued to mafce him a party to the garnishment. Hogan and wife appear and answer, denying any individual indebtedness,…
1Opinion of the CourtOrmond, J.
The question whether process of garnishment under our attachment law, can be sued out against executors or administrators, to condemn a debt due from the deceased to the defendant in attachment, although not directly adjudicated by this court, appears to have received its sanction. [See the case of Terry v. Lindsay, 3 S. & P. 317.] The garnishees in this case were summoned under the 10th section of the act of 1839, permitting ancillary attachments to be issued in aid of suits already commenced in the ordinary mode, and gives to the levy on the debt, in the hands of the garnishee, the same…
2Cases cited1 opinion
- Cary v. GreggSupreme Court of Alabama · 1831
3Cited by7 opinions
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- Cleaveland v. StateSupreme Court of Alabama · 1859
- Brown v. WileySupreme Court of Georgia · 1899
- Locket v. ChildSupreme Court of Alabama · 1847
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