Payne v. Mayor of Mobile
Supreme Court of Alabama
ERROR to the County Court of Mobile. The plaintiff in error having obtained a judgment against one Thomas R. Bolling, upon which an execution was returned “no property found,” made the necessary affidavit and sued out process of garnishment against the defendant in error as a debtor of Bolling.
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ERROR to the County Court of Mobile. The plaintiff in error having obtained a judgment against one Thomas R. Bolling, upon which an execution was returned “no property found,” made the necessary affidavit and sued out process of garnishment against the defendant in error as a debtor of Bolling. The answer of the corporation was-made by the Mayor, 'who states, that previous to the service of the garnishment he, as Mayor, accepted an order drawn on the corporation by Bolling, in favor of one Gwathmey, for five hundred dollars, that sum being the amount fixed upon as his compensation as one of…
1Opinion of the CourtOrmond, J.
Neither of the objections taken to this judgment can avail. If no debt existed at the time this garnishment was sued out, the interest of which could be transferred by Bolling to another, the objection would be equally fatal to the garnishment, which will not lie upon a possibility or contingency. but only upon a debt then due, or to fall due. [Planters’ and Merchants’ Bank v. Andrews, 8 Porter, 404.] The contract of the corporation with Bolling, was to pay him five hundred dollars for his assessment of the taxable property of a portion of the city, and although performance of the service was…
2Cases cited1 opinion
- Planters' & Merchants' Bank of Mobile v. AndrewsSupreme Court of Alabama · 1839
3Cited by9 opinions
- American Trust & Savings Bank v. O'BarrAlabama Court of Appeals · 1914
- Perkins v. Butler CountyNebraska Supreme Court · 1895
- Bell v. MulhollandMissouri Court of Appeals · 1901
- Park-Robertson Hardware Co. v. CopelandAlabama Court of Appeals · 1914
- Roby v. LabuzanSupreme Court of Alabama · 1852
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