Lewis v. Dubose & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. In this case, an original attachment was issued, at the suit of J. C. Dubose & Co., against Hull, Robinson & Co.; and the appellant, who is the clerk of the city court of Mobile, was summoned as garnishee. Judgment by default was rendered against the defendants in attachment, and at the same term a judgment was rendered against the garnishee, on his answer.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. In this case, an original attachment was issued, at the suit of J. C. Dubose & Co., against Hull, Robinson & Co.; and the appellant, who is the clerk of the city court of Mobile, was summoned as garnishee. Judgment by default was rendered against the defendants in attachment, and at the same term a judgment was rendered against the garnishee, on his answer. The record contains a written answer by the garnishee, which purports to have been “sworn to and subscribed in open court,” but which is not marked filed. The…
1Opinion of the CourtWalker, J.
The judgment entry in this case contains the following language: “ It appearing to the court, from the answer of said garnishee now on file, that he is indebted to the defendant,” &c. In the transcript an answer by the *220defendant in garnishment is set out, though not marked filed. The Code authorizes answers to garnishments to be made in writing. — Easton v. Lowery, at the present term. The judgment, upon its face, purports to be founded upon an answer on file. It does not appear from the record that the plaintiff, under section 2540, required the garnishee to answer orally,. W e must intend…
2Cases cited7 opinions
- Gaines v. BeirneSupreme Court of Alabama · 1841
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