Legal Representatives of Thomas v. Hopper
Supreme Court of Alabama
Error to the County Court of Montgomery. On the 1st of February, 1843, John D. F.'Williams made oath before the clerk of the county court of Montgomery, that the legal representatives of William Thomas, deceased, had recovered a judgment in the Orphans court of said county, for the sum of eight hundred and seventy-one 60-100 dollars, besides costs, against one Anderson Thomas; that the defendant had no property, within the knowlege of affiant, in his possession; but that…
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Error to the County Court of Montgomery. On the 1st of February, 1843, John D. F.'Williams made oath before the clerk of the county court of Montgomery, that the legal representatives of William Thomas, deceased, had recovered a judgment in the Orphans court of said county, for the sum of eight hundred and seventy-one 60-100 dollars, besides costs, against one Anderson Thomas; that the defendant had no property, within the knowlege of affiant, in his possession; but that affiant believed that Joseph D. Hopper was indebted to said defendant, or had effects of defendant in his hands. Upon that…
1Opinion of the CourtClay, J.
The court: cannot regard a summons of garnishment as an equitable proceeding, as insisted by the counsel for the defendant. The several acts which have been passed by our Legislature, authorising this process, in favor of plaintiffs who have obtained judgments, require the garnishee, when summoned, to be examined and proceeded against, “in the same manner as required by law against garnishees: in original attachment.” Then, the proceeding may be safely assimilated to that by attachment. Indeed, it may be regarded as a species of attachment;, and treated as a branch of that remedy. Formerly,…
2Cases cited1 opinion
- Pierce & Baldwin v. HickenburgSupreme Court of Alabama · 1835
3Cited by13 opinions
- Travis v. TarttSupreme Court of Alabama · 1845
- Harrell v. WhitmanSupreme Court of Alabama · 1851
- Moore v. StaintonSupreme Court of Alabama · 1853
- Price v. Masterson'sSupreme Court of Alabama · 1860
- Williamson v. Branch Bank at MobileSupreme Court of Alabama · 1845
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