Cottrell v. Varnum
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. The plaintiff in error was summoned as a garnishee, at the instance of the defendants, to state on oath what he was indebted, &c. to J. H. McMichael & Co., against whom the defendants in error had recovered a judgment in the Circuit court of Lowndes.
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Writ of Error to the Circuit Court of Lowndes. The plaintiff in error was summoned as a garnishee, at the instance of the defendants, to state on oath what he was indebted, &c. to J. H. McMichael & Co., against whom the defendants in error had recovered a judgment in the Circuit court of Lowndes. At the fall term, 1839, the garnishee appeared and answered that he was indebted to James B. Stephens, one of the firm of J. H. McMichael & Co. in the sum of twelve thousand dollars, payable by promissory note, dated in March or April preceding, and due on the first day of April, eighteen hundred and…
1Opinion of the CourtCollier, C. J.
The only question raised in this case is, can a judgment be rendered against a garnishee who admits an indebtedness to be discharged at a future day, previous to the maturity of the debt. The nineteenth section of the attachment act of 1833, enacts that a person summoned as a garnishee, shall answer upon oath what he is indebted to the defendant, &c.; and upon his examination it shall be lawful to enter up judgment, and award execution against him for all sums of money acknowledged to be due to the defendant from him, &c., or so much as shall be sufficient to satisfy the debt, &c. [Aik. Dig.…
2Cases cited1 opinion
- Wentworth v. WhittemoreMassachusetts Supreme Judicial Court · 1805
3Cited by2 opinions
- White v. SimpsonSupreme Court of Alabama · 1894
- Woodward v. CleggeSupreme Court of Alabama · 1845