Faulkner v. Chandler
Supreme Court of Alabama
Error to the Circuit Court of Chambers. This was a motion to enter satisfaction of a judgment, made by the defendant in error. He sets forth in his petition, that on the 20th October, 1842, W. G. Faulkner, for the use of E; Faulkner, recovered a judgment against him for $228 66. That on the 25th October, 1842, he was summoned as a garnishee by the Montgomery Bank, to answer what he was indebted to the said Faulkners.
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Error to the Circuit Court of Chambers. This was a motion to enter satisfaction of a judgment, made by the defendant in error. He sets forth in his petition, that on the 20th October, 1842, W. G. Faulkner, for the use of E; Faulkner, recovered a judgment against him for $228 66. That on the 25th October, 1842, he was summoned as a garnishee by the Montgomery Bank, to answer what he was indebted to the said Faulkners. That he answered, admitting the indebtedness to the amount of the judgment aforesaid, and thereupon a judgment was rendered against him as garnishee for $224, which judgment he…
1Opinion of the CourtOrmond, J.
When this cause was here at a previous term, (5 Ala. 567,) we held, that Chandler could not go into chancery to obtain satisfaction of the judgment of Faulliner against him, upon the ground that a court of common law was fully adequate to grant him the proper relief, by directing satisfaction to be entered. The course which has been pursued is the one pointed out by this court, and the only question is, whether he has proved that the judgment has been satisfied.
The payment alledged was by the discharge of a judgment, obtained by the Montgomery bank against Chandler, as a debtor of Faulkner,…
2Cases cited1 opinion
- Chandler v. FaulknerSupreme Court of Alabama · 1843
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