Legal Opinion

Boyd & Boyd v. Cobbs

Supreme Court of Alabama

Decided June 15, 1873Published

Appeal from tbe Circuit Court of Sumter. Tried before the Hon. James Q. Smith.

1Opinion of the CourtPeters, C. J.

This is a proceeding in garnishment. Cobbs obtained judgment against R. W. Brewer, and sued out a process in garnishment against Boyd & Boyd as partners, as the debtors of Brewer. The proceeding, up to the judgment on the answer of the garnishees, seems to have been regular. Only one of the Boyds answered the summons in garnishment. In his answer he discloses the fact that he purchased Brewer’s interest in a certain mercantile partnership with his son and another, for the sum of eight hundred dollars. For this sum, Boyd and his son, as partners, gave Brewer their promissory note, payable on…

2Cases cited2 opinions

  1. Saunders' Adm'r v. GarrettSupreme Court of Alabama · 1859
  2. Mobile & Ohio Railroad v. Whitney & Co.Supreme Court of Alabama · 1864

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