Clark v. Few
Supreme Court of Alabama
Appeal from Greene Circuit Court. Tried before Hon. Luther R. Smith. Tbe original suit in this cause was commenced by the appellee, A. S. N. Eew, against one Kirksey, and was founded on an indebtedness of Kirksey & Carpenter, a firm of which Kirksey had been a partner, and of which he was then the assignee in liquidation, and a judgment was thereon rendered against Kirksey.
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Appeal from Greene Circuit Court. Tried before Hon. Luther R. Smith. Tbe original suit in this cause was commenced by the appellee, A. S. N. Eew, against one Kirksey, and was founded on an indebtedness of Kirksey & Carpenter, a firm of which Kirksey had been a partner, and of which he was then the assignee in liquidation, and a judgment was thereon rendered against Kirksey. Garnishments were issued and served on E. P. Snedecor and W. G Little, as administrators of the estate of Joseph J. Little, deceased, and on Snedecor & Cockrell. Snedecor and Little, as administrators, answered that a…
1Opinion of the CourtBrickell, C. J.
When a garnishee, by his answer or at any time before a final judgment against him, alleges that he has been notified that a third person claims the title to, or an interest in, the debt he may have admitted to be owing from him, or the property he may have admitted to be in his possession, the court is bound to suspend proceedings against him, and cause notice to be issued to such claimant to appear *246at the next term, and contest with the garnisheeing creditor the right to the debt or property. On his appearance he must be required to propound his claim in writing and under oath, and the…
2Cases cited6 opinions
- Brashear v. WestSupreme Court of the United States · 1833
- Robinson v. RapelyeSupreme Court of Alabama · 1829
- Brooks v. HildrethSupreme Court of Alabama · 1853
- Scott, Slough & Co. v. StallsworthSupreme Court of Alabama · 1847
- Camp v. HatterSupreme Court of Alabama · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Reynolds v. CollinsSupreme Court of Alabama · 1884
- First Nat. Bank of Mobile v. LartigueSupreme Court of Alabama · 1937
- Central Bank & Trust Co. v. Alabama Broom & Mattress Co.Supreme Court of Alabama · 1920
- Merrill & Bridges v. VaughanSupreme Court of Alabama · 1897
- Nave v. BrittonTexas Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.