Anderson & Co. v. Jones
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This was a statutory claim suit, in which F. M. Jones interposed a claim to certain funds in the hands of a garnishee, who had been garnished at’ the instance of the plaintiffs, S. J. Anderson & Co. The facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This was a statutory claim suit, in which F. M. Jones interposed a claim to certain funds in the hands of a garnishee, who had been garnished at’ the instance of the plaintiffs, S. J. Anderson & Co. The facts of the case are sufficiently stated in the opinion. The plaintiff demurred to the claim, on the ground, among others, ‘ ‘that said claim fails to allege that there was an acceptance in writing by garnishee of the order alleged to have been presented by said claimant signed by said defendant.” This…
1Opinion of the CourtColeman, J.
Anderson & Co., having sued James Otey, upon a demand for one hundred and eighty-six dollars, garnished C. F. Harmon. The garnishee answered indebtedness to Otey in the sum of seventy-two dollars, but by his answer gave notice that F. M. Jones claimed to be owner of the debt or demand. Notice issued to Jones to appear and contest with plaintiff the right to the debt or demand, as provided in the statute. Code, § 2984. In accordance with the notice, Jones appeared and propounded his claim in writing under section 2985 of the Code. The plaintiff demurred to the claim as propounded by Jones,…
2Cases cited6 opinions
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884
- Teague, Barnett & Co. v. LeGrandSupreme Court of Alabama · 1888
- Harris v. RussellSupreme Court of Alabama · 1890
- Sands & Co. v. Matthews, Finley & Co.Supreme Court of Alabama · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Western Union Telegraph Co. v. LouissellAlabama Court of Appeals · 1914
- Erickson v. InmanOregon Supreme Court · 1898
- Williams v. GallyonSupreme Court of Alabama · 1894
- Bank of Guntersville v. Jones Cotton Co.Supreme Court of Alabama · 1908
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