Schwabacher Bros. v. Palmer
District Court, D. Alaska
On exceptions to answer of First National Bank, garnishee. On the 24th day of July, 1909, the plaintiff herein instituted an action against the defendants to recover the sum of $7,-745.77. The defendant appeared in said action and confessed judgment, and on the said 24th day of July, 1909, the plaintiff recovered judgment against the defendants for said sum in said action.
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On exceptions to answer of First National Bank, garnishee. On the 24th day of July, 1909, the plaintiff herein instituted an action against the defendants to recover the sum of $7,-745.77. The defendant appeared in said action and confessed judgment, and on the said 24th day of July, 1909, the plaintiff recovered judgment against the defendants for said sum in said action. Thereafter execution was issued upon said judgment, and the First National Bank of Fairbanks, Alaska, was duly garnished. In response to said garnishment, the said bank, through its officers, answered that it was not…
1Opinion of the Court
LYONS, District Judge.
The filing of exceptions to the answer of the garnishee authorizes the garnishee to insist on *80a searching of the record to determine the sufficiency of the complaint against the garnishee; and, if the allegations are sufficient to sustain a cause of action on the part of the plaintiff against the garnishee, it will not be necessary to consider the sufficiency of the answer of the garnishee. 6 Enc. P. & P. 326; 31 Cyc. 338; 39 Cent. Dig. col. 1845; Metropolitan Trust Co. of New York v. Toledo, St. L. & K. C. Ry. (C. C.) 107 Fed. 628; First National Bank of St. Paul v.…
2Cases cited29 opinions
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- Robinson v. ElliottSupreme Court of the United States · 1875
- Jewell v. KnightSupreme Court of the United States · 1887
- Graham v. MerchantOregon Supreme Court · 1903
- Means v. DowdSupreme Court of the United States · 1888
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3Cited by1 opinion
- Territory of Alaska ex rel. Commissioner of Veterans' Affairs v. GuerinDistrict Court, D. Alaska · 1956