First Nat. Bank v. Minge
Supreme Court of Alabama
Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Gilder. Assumpsit by John H. Minge against the Faunsdale Oil Mill, with garnishment in aid of. suit directed to the First National Bank of Birmingham. The garnishee answered indebted, but sought by answer to set off a debt dne the garnishee by defendant on a note not yet matured. From a judgment condemning the amount in the hands of the garnishee, to the claim of plaintiff, garnishee appeals.
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Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Gilder. Assumpsit by John H. Minge against the Faunsdale Oil Mill, with garnishment in aid of. suit directed to the First National Bank of Birmingham. The garnishee answered indebted, but sought by answer to set off a debt dne the garnishee by defendant on a note not yet matured. From a judgment condemning the amount in the hands of the garnishee, to the claim of plaintiff, garnishee appeals. The garnishee ivas entitled to its discharge in the lower court, and it was error to render judgment against appellant for the amount…
1Opinion of the Court
McCLELLAN, J. —
On the 30th day of May, 1912, John H. Minge instituted his action in the Marengo law and equity court against the Faunsdale Oil Mill, a corporation, and on the same date made affidavit and executed bond for writs of garnishment against W. C. Clark and the First National Bank of Birmingham. On May 31, 1912, notice of the issuance of these writs of garnishment was issued by the clerk of the Marengo court, and this notice was served on the Faunsdale Oil *407Mill’s president, W. C. Clark, on June 3, 1912. On June 3, 1912, the writ of garnishment so issued was served on the First…
2Cases cited5 opinions
- Birmingham National Bank v. MayerSupreme Court of Alabama · 1894
- Cox v. CooperSupreme Court of Alabama · 1841
- Goldthwaite v. National BankSupreme Court of Alabama · 1880
- Powell v. SammonsSupreme Court of Alabama · 1858
- Self v. KirklandSupreme Court of Alabama · 1854
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- Walker v. Carolina Mills Lumber Co., Inc.Court of Civil Appeals of Alabama · 1983
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