Jones v. Kolisenski
Supreme Court of Alabama
Writ of Error to the Circuit Court of Conecuh. Assumpsit, for work and labor, &c. by Kolisenski against Jones. The defendant pleaded non-assumpsit, set off, and a former adjudication in short. At the trial, the defendant produced the record of a suit in the county court of said county, in which he, as the garnishee of the plaintiff, at the suit of one Davidson, appealed from a judgment of a justice of the peace.
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Writ of Error to the Circuit Court of Conecuh. Assumpsit, for work and labor, &c. by Kolisenski against Jones. The defendant pleaded non-assumpsit, set off, and a former adjudication in short. At the trial, the defendant produced the record of a suit in the county court of said county, in which he, as the garnishee of the plaintiff, at the suit of one Davidson, appealed from a judgment of a justice of the peace. He denied owing the plaintiff, and the attaching creditor took issue on his answer, when a verdict was found against him for six dollars, for which sum judgment was given for the…
1Opinion of the CourtGoldthwaite, J.
We think it very clear there was no error in the action of the circuit court. The record of the suit in the county court was a matter which in no way concluded either of the parties to this suit, for as to them it was res inter alias acta. Our statutes provide, it is true, that [the defendant in attachment may controvert the answer of his debtor, when summoned as garnishee at the suit of another, (Dig. 60, § 24, 25;) but unless this is done, the proceedings are between the creditor and debtor only, and the judgment is operative for the latter only as laying the foundation for a set off, or…
2Cited by2 opinions
- Rupert & Cassity v. Elston'sSupreme Court of Alabama · 1859
- Edmondson v. De Kalb CountySupreme Court of Alabama · 1874