Grates v. Cooper
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. This proceeding is by Cooper, as a judgment creditor of the Selma and Tennessee Rail Road Company by garnishee process against Graves as a debtor stockholder of the same. The garnishment was issued 14th February, 1842, returnable to the spring term of that year.
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Writ of Error to the Circuit Court of Dallas. This proceeding is by Cooper, as a judgment creditor of the Selma and Tennessee Rail Road Company by garnishee process against Graves as a debtor stockholder of the same. The garnishment was issued 14th February, 1842, returnable to the spring term of that year. Upon the return of the process, Graves appeared and filed his answer in writing, in which he sets out at length the proceedings preparatory to the organization of the Company, his subscription for a hundred shares of the stock, under the belief and impression produced by the commissioners,…
1Opinion of the CourtGoldthwaite, J.
1. A preliminary question is raised in this case, whether the Court could allow the defendant in execution to contest the indebtedness of the garnishee, to a greater amount than admitted by his answer at a term subsequent to that when the answer was received and filed. At first view, we were inclined to suppose this point must be considered as waived, from the circumstance that the garnishee appeared by attorney ; but we conclude this appearance must be referred to the matter which he was bound to appear to, and not to an irregular proceeding, in which he refused to join. It was held in…
2Cases cited4 opinions
- Gaines v. BeirneSupreme Court of Alabama · 1841
- Goodwin v. BrooksSupreme Court of Alabama · 1844
- Robinson v. StarrSupreme Court of Alabama · 1830
- Cameron v. StollenwerckSupreme Court of Alabama · 1844
3Cited by11 opinions
- Steiner Bros. v. First National BankSupreme Court of Alabama · 1896
- Moore v. JonesSupreme Court of Alabama · 1848
- Cross v. SpillmanSupreme Court of Alabama · 1890
- Roman v. BaldwinSupreme Court of Alabama · 1898
- Brake v. Curd Sinton Manufacturing Co.Supreme Court of Alabama · 1893
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