Legal Opinion

Montgomery Candy Co. v. Wertheimer-Swarts Shoe Co.

Alabama Court of Appeals

Decided December 19, 1911PublishedCited by 5 opinions

Appeal from Montgomery City Court. Heard before Hon. William H. Ti-iomas. Action by the Wertheimer-Swarts Shoe Company against S. B. Kent. From a judgment for plaintiff, on garnishment directed to the Montgomery Candy Company, the garnishee appeals.

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Appeal from Montgomery City Court. Heard before Hon. William H. Ti-iomas. Action by the Wertheimer-Swarts Shoe Company against S. B. Kent. From a judgment for plaintiff, on garnishment directed to the Montgomery Candy Company, the garnishee appeals. The Wertheimer-Swarts Shoe Company obtained a judgment in the city court of Montgomery at the Octoher term, 1909, against one S. B. Kent for the sum of $118.15, and on February 8, 1910, procured garnishment on said judgment, on proper affidavit to be issued to the Montgomery Candy Company. On the 11th day of February, 1910, the garnishee filed a…

1Opinion of the Court

WALKER, P. J.,

A garnishee’s denial of indebtedness in his written answer to the writ may be overcome by the disclosure made on his oral examination, required as authorized by the statute; and when, on the facts as so disclosed, it is made to appear that the garnishee *406was indebted to the defendant after the service of the writ, the plaintiff is entitled to judgment against the garnishee upon his answer, without contesting it. Code, § 4316;—White et al v. Kahn, 103 Ala. 308, 15 South. 595.

In the case at bar the oral answer of the garnishee disclosed that between the dates of the service of the…

2Cases cited2 opinions

  1. White v. KahnSupreme Court of Alabama · 1893
  2. Lady Ensley Furnace Co. v. Rogan & Co.Supreme Court of Alabama · 1891

3Cited by5 opinions

  1. Packard Motors Co. v. TallySupreme Court of Alabama · 1925
  2. Barber v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1931
  3. Jenkins v. LeaderAlabama Court of Appeals · 1913
  4. Cox v. ThomasSupreme Court of Alabama · 1927
  5. Western Casualty & Surety Co. v. National Mut. Casualty Co.Court of Appeals for the Fifth Circuit · 1941

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