Fowler v. Williamson
Supreme Court of Alabama
Appeal from Circuit Court of St. Clair. Tried before Hon. W. L. Whitlock. The facts are sufficiently stated in the opinion. The statute prescribes the manner in which the garnishee must set up the claim of a third person. When the garnishee makes a general denial of indebtedness, the plaintiff is not put on notice as to any outside claim ; has no means of obtaining evidence as to it, and is liable to be surprised on the trial by it.
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Appeal from Circuit Court of St. Clair. Tried before Hon. W. L. Whitlock. The facts are sufficiently stated in the opinion. The statute prescribes the manner in which the garnishee must set up the claim of a third person. When the garnishee makes a general denial of indebtedness, the plaintiff is not put on notice as to any outside claim ; has no means of obtaining evidence as to it, and is liable to be surprised on the trial by it. The garnishee ought to be held strictly to the statute or injustice ensues to the plaintiff. The suggestion of the claim of Hendrix’s son required the plaintiff…
1Opinion of the CourtManning, J.
Appellant was a creditor of defendant Hendrix, and had obtained a judgment against him in St. Clair circuit court.
Appellee, Williamson, was summoned to answer as garnishee, in respect to his being indebted to Hendrix, or having any property or effects of the latter in his possession or under his control. He answered at the October term, 1878, of the court, admitting indebtedness to the amount of $62, but no more, and denying possession or control of any property or effects of Hendrix, &c., &c.
A minute-entry of the same term recites : “ Said answer is contested by plaintiff and this cause…
2Cases cited1 opinion
- Foster, Nostrand & Co. v. WalkerSupreme Court of Alabama · 1841
3Cited by9 opinions
- Archer v. People's Savings BankSupreme Court of Alabama · 1889
- Donald Bros. & Co. v. NelsonSupreme Court of Alabama · 1891
- Dothan Grocery Co. v. H. L. Wofford SonSupreme Court of Alabama · 1917
- Gladden v. Columbiana Sav. BankAlabama Court of Appeals · 1939
- Bloch Bros. v. Liverpool London Globe Ins. Co.Supreme Court of Alabama · 1922
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