Montgomery & Eufaula Rail Road v. Hartwell
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. The opinion contains the facts of the case. 1. Neither the judgment nisi, nor judgment final, against the garnishee, shows that any proof was made that Lewis Owen, on whom (by sheriff’s return) the garnishment and sci. fa. appear to have been served, was President of the Montgomery & Eufaula Eail Eoad Company.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. The opinion contains the facts of the case. 1. Neither the judgment nisi, nor judgment final, against the garnishee, shows that any proof was made that Lewis Owen, on whom (by sheriff’s return) the garnishment and sci. fa. appear to have been served, was President of the Montgomery & Eufaula Eail Eoad Company. It does not appear, judicially, that the appellant was ever legally brought into court. — See Express Go. v. Garroll, decided at the January term, 1888; Oxford Iron Go. v. SproMy, decided 26th February,…
1Opinion of the CourtPeters, J.
The record shows that the appellee, Hartwell, sued Spratt & Go., in the city court of Montgomery, in this State, by summons and complaint, in 1867, and at the same time sued out a garnishment against the Montgomery & Eufaula Railroad Company, under the provisions of the act, entitled “ An act to amend § 2471 of the Code,” approved February 5, 1858, which was made returnable at the same time the summons and complaint is returnable in the original case against Spratt & Co. This garnishment is returned and indorsed by the sheriff: “ Served on the Montgomery & Eufaula Railroad Company, the…
2Cases cited3 opinions
- Walker v. HallettSupreme Court of Alabama · 1840
- Lyon v. LorantSupreme Court of Alabama · 1841
- Wetumpka & Coosa R. R. v. ColeSupreme Court of Alabama · 1844
3Cited by7 opinions
- G., H. & S. A. R'y Co. v. GageTexas Supreme Court · 1884
- Boyett v. Frankfort Chair Co.Supreme Court of Alabama · 1907
- H. H. Hitt Lumber Co. v. TurnerSupreme Court of Alabama · 1914
- Memphis & Charleston Railroad v. WhorleySupreme Court of Alabama · 1883
- Oxford Iron Co. v. QuinchettSupreme Court of Alabama · 1870
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