Dudley v. Falkner
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the'Hon. John D. Cunningham. — In contemplation of law, Jefferson Falkner as an individual, and Jefferson Falkner as executor of W. B. S. Gilmer, are entirely different persons ; and this court has frequently recognized the distinction.
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Appeal from the City Court of Montgomery. Tried before the'Hon. John D. Cunningham. — In contemplation of law, Jefferson Falkner as an individual, and Jefferson Falkner as executor of W. B. S. Gilmer, are entirely different persons ; and this court has frequently recognized the distinction. Tillinghast v. Johnson, 5 Ala. 514; Carter v. Ingraham, 43 Ala. 78. If the garnishee had been compelled to answer, it might have appeared that his testator’s estate was indebted to him for services rendered, or would be indebted to him on final settlement; and the plaintiff should have had judgment against…
1Opinion of the CourtPeters, J.
— At the October Term, 1870, of the City Court of Montgomery, Charles K. Dudley, as plaintiff, recovered judgment against Jefferson Falkner, in said City Court, for the sum of $987.50, besides the further sum of $10.50 for costs of suit. On this judgment the said Dudley sued out process of garnishment in said City Court against Jefferson Falkner and Benajáh S. Bibb, as the executors of the will of Wm. B. S. Gilmer, deceased, on the 23d day of January, 1872, which was made returnable into said City Court as required by law. The summons, or process of garnishment, was regularly . executed on…
2Cases cited3 opinions
- Bostwick v. BeachSupreme Court of Alabama · 1850
- Easton v. LowerySupreme Court of Alabama · 1856
- Leigh v. SmithSupreme Court of Alabama · 1843
3Cited by4 opinions
- La Varre v. International Paper Co.District Court, E.D. South Carolina · 1929
- Sanders & Walker v. HerndonCourt of Appeals of Kentucky · 1906
- Brown v. WileySupreme Court of Georgia · 1899
- United States National Bank v. RawsonOregon Supreme Court · 1935