Foster, Nostrand & Co. v. Walker
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile County. ActtoN of assumpsit commenced by attachment in June, 1837, at the suit of Foster, Nostrand & Co., against Bard Meslier. The atttachment was served on certain lands, and Daniel Walker summoned as garnishee or the 2d September, of the same year.
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Appeal from the Circuit Court of Mobile County. ActtoN of assumpsit commenced by attachment in June, 1837, at the suit of Foster, Nostrand & Co., against Bard Meslier. The atttachment was served on certain lands, and Daniel Walker summoned as garnishee or the 2d September, of the same year. At the Spring term, 1838, Walker, the garnishee, appeared in open Court, and answered the garnishment, as follows: “ That on or about the 12th day of October, 1836, he made and executed to the said Meslier, his four promissory notes of about the said date. One for two thousand dollars, payable ninety days…
1Opinion of the CourtGoldthwaite, J.
1. It has hitherto been considered, as well settled in this Court, that, to authorise a judgment against a garnishee, his answer must contain a distinct admission of a legal debt due, or to become due, to the defendant in the original suit. Allen v. Morgan, [1 Stewart 9,] Prisnall v. Mabry, *1803 Porter, 105 ; Smith v. Chapman, 6, ibid. 365. In this case the answer does not expressly deny the indebtedness, which it admits once existed, but it states that the garnishee has been informed of a fact, which, if true, transfers his indebtedness to another.
2d. There would be a peculiar hardship imposed…
2Cases cited2 opinions
- Presnall v. MabrySupreme Court of Alabama · 1836
- Allen v. MorganSupreme Court of Alabama · 1827
3Cited by9 opinions
- Hall & Farley, Trustees v. Alabama Terminal & Improvement Co.Supreme Court of Alabama · 1904
- White v. KahnSupreme Court of Alabama · 1893
- Fortune v. State BankSupreme Court of Alabama · 1842
- Fowler v. WilliamsonSupreme Court of Alabama · 1875
- Faulks v. HeardSupreme Court of Alabama · 1858
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