Henry v. McNamara
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. In this cause a garnishment issued from the court of John A. Tardy, a justice of the peace of Mobile county, at Mobile, on February 2d, 1895, and on the 4th day of February, 1895, it was served upon J. T. McNamara citing him to appear in said court on March' 1st, 1895, to answer as garnishe'e whether he was indebted to Jno.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. In this cause a garnishment issued from the court of John A. Tardy, a justice of the peace of Mobile county, at Mobile, on February 2d, 1895, and on the 4th day of February, 1895, it was served upon J. T. McNamara citing him to appear in said court on March' 1st, 1895, to answer as garnishe'e whether he was indebted to Jno. A. Kaune, and whether he would be so indebted under contract, and whether he had on-hand personal property belonging to said Kaune, &c. The garnishment was sued out by the plaintiff, John…
1Opinion of the Court
BRICKELL, C. J. —
Section 2957 of the Code provides that the service of a garnishment shall create a lien in favor of the plaintiff. Section 2946 prescribes what this lien shall cover by requiring the garnishee to answer “whether-at the time of the service of the garnishment, or at the time of making his answer, or at any time intervening the time of serving the garnishment and making the answer,he was indebted to the defendant, and whether he will not be indebted in the future to him by a contract then existing, * * * * and whether he has xiot in his possession or under his control money or…
2Cases cited6 opinions
- Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888
- Case v. MooreSupreme Court of Alabama · 1852
- Lehman, Durr & Co. v. Hudmon Bros.Supreme Court of Alabama · 1887
- Francis-Chenoweth Hardware Co. v. BaileySupreme Court of Alabama · 1894
- Cox v. Knight's AdministratorSupreme Court of Alabama · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hill Grocery Co. v. CaldwellSupreme Court of Alabama · 1924
- Western Assur. Co. v. HannSupreme Court of Alabama · 1917
- City of Birmingham v. McKinnonSupreme Court of Alabama · 1917
- Day v. AdcockAlabama Court of Appeals · 1914
- Central L. & T. Co. v. McClure L. Co.Supreme Court of Alabama · 1913
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