National Commercial Bank v. Miller & Co.
Supreme Court of Alabama
Aneilla/ry Garnishmentj Judgment Discharging Ga/rnishee. Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. E. Clarice. The appellant in this case, the National Commercial Bank of Mobile, commenced suit by summons and complaint, on the 5th February, 1884, against Adolph Proskauer; and at the same time sued out an ancillary garnishment, which was served, on the same day, on Tlios.
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Aneilla/ry Garnishmentj Judgment Discharging Ga/rnishee. Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. E. Clarice. The appellant in this case, the National Commercial Bank of Mobile, commenced suit by summons and complaint, on the 5th February, 1884, against Adolph Proskauer; and at the same time sued out an ancillary garnishment, which was served, on the same day, on Tlios. P. Miller & Co., bankers, doing business in the city of Mobile, aé the debtors of said Proskauer. The action was founded on several promissory notes, which were executed in the name of “ A Proskauer &…
1Opinion of the Court
CLOPTON, I.
There being no contention as to the check on the Mobile Savings Bank, our consideration will be confined to the relation between the garnishees and the defendant, arising from the facts in respect to the check on the People’s Savings Bank, which was certified by the bank. It is conceded, that by process of garnishment, which is a proceeding of statutory creation, no debt or demand can be condemned to the plaintiff’s claim, for the recovery of which the defendant can not maintain, in his own name, an action of debt, or indebitatus assumpsit. The question decisive of the case is, was…
2Cases cited4 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- First Nat. Bank of Jersey City v. . LeachNew York Court of Appeals · 1873
- Warfield v. CampbellSupreme Court of Alabama · 1863
- Dore v. DawsonSupreme Court of Alabama · 1844
3Cited by49 opinions
- Pullen v. Placer Country BankCalifornia Supreme Court · 1902
- Louisville & Nashville Railroad v. DooleySupreme Court of Alabama · 1885
- Walker v. SellersSupreme Court of Alabama · 1918
- Fayette National Bank v. SummersSupreme Court of Virginia · 1906
- McIntire v. RaskinSupreme Court of Georgia · 1931
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