Henry v. Murphy & Co.
Supreme Court of Alabama
Appeal from Circuit Court of Butler. Tried before Hon. P. O. Harper. Tbis was a garnishment suit commenced originally by J. C. Caldwell, a judgment creditor of J. B- Abrams, surviving partner of the firm of ,J. B. & H. S.'Abrams, against S. J. Murphy & Co., the appellees. Caldwell having died, his executors were made parties plaintiff in his stead.
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Appeal from Circuit Court of Butler. Tried before Hon. P. O. Harper. Tbis was a garnishment suit commenced originally by J. C. Caldwell, a judgment creditor of J. B- Abrams, surviving partner of the firm of ,J. B. & H. S.'Abrams, against S. J. Murphy & Co., the appellees. Caldwell having died, his executors were made parties plaintiff in his stead. The appellees having answered, admitting only $28.50 indebtedness and denying possession or control of any property, Caldwell contested tbe answer, and by agreement the issue thus raised, was made up in the form of a complaint, containing, among…
1Opinion of the CourtBrickell, C. J.
A garnishment is a legal proceeding, assimilated to an attachment, intended to reach debts, or other dioses in action, the property of a debtor, not capable of seizure by execution or attachment, or to compel the discovery of effects, capable of seizure, in-the possesion of a third person. Fraud not intervening, it-operates only on the legal rights of the defendant in attachment, or judgment — such rights as he could enforce by action at law in his own name. If it is a demand due or owing the defendant, which is sought to be subjected, it must be of a character on which he could maintain an…
2Cases cited16 opinions
- Clark v. SmithSupreme Court of the United States · 1839
- Hind v. HoldshipSupreme Court of Pennsylvania · 1833
- Mason v. HallSupreme Court of Alabama · 1857
- Huckabee v. MaySupreme Court of Alabama · 1848
- Swift v. FitzhughSupreme Court of Alabama · 1839
11 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Christie v. DurdenSupreme Court of Alabama · 1921
- Carver v. EadsSupreme Court of Alabama · 1880
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918
- Pullman Co. v. MeyerSupreme Court of Alabama · 1915
- Fite v. PearsonSupreme Court of Alabama · 1926
31 more not listed; retrieve them via the Exa API.