Alabama Great Southern Ry. Co. v. Crawley
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. R. W. Hetdelburg, Judge. Suit by A. W. Crawley against J. T. Fitzgerald, wherein the Alabama Great Southern Railway Company, after a default judgment for plaintiff, was garnisheed. From a judgment against the garnishee for the amount of the judgment against the defendant, the garnishee appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Lauderdale county. Hon. R. W. Hetdelburg, Judge. Suit by A. W. Crawley against J. T. Fitzgerald, wherein the Alabama Great Southern Railway Company, after a default judgment for plaintiff, was garnisheed. From a judgment against the garnishee for the amount of the judgment against the defendant, the garnishee appeals. The facts are fully stated in the opinion of the court. Counsel for appellee cite only one case in support of the position that the pleading of a discharge in bankruptcy is a right personal to the bankrupt and is not available to anyone else,…
1Opinion of the Court
Smith C. J.,
delivered the opinion of the court.
This is an appeal by a garnishee from a judgment rendered against him in a garnishment proceeding. The cause was submitted to the court below on an agreed statement of facts which recites:
“That, in the months of September to December, inclusive, 1914, the defendant, J. T. Fitzgerald, became indebted to the plaintiff, A. W. Crawley, in the amount of ninety dollars and twenty-five cents for groceries and merchandise furnished the family of said J. T. Fitzgerald at Meridian, Miss. That, on *277the 20th day of Febuary, 1915, the defendant, J. T.…
2Cases cited2 opinions
- Boynton v. BallSupreme Court of the United States · 1887
- Hellman v. GoldstoneCourt of Appeals for the Third Circuit · 1908
3Cited by8 opinions
- State Ex Rel. Bumgarner v. SimsWest Virginia Supreme Court · 1953
- Fidelity Union Casualty Co. v. HansonTexas Commission of Appeals · 1932
- Winter v. HindinSuperior Court of Delaware · 1926
- Moody & Williams v. DyeMississippi Supreme Court · 1921
- Tubbs v. McCabeSuperior Court of Delaware · 1933
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