Conboy v. Fricke
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. John Elliott. The appellant in this case, having a judgment against A. M. Purdy, sued out a garnishment against Robert Anderson as his debtor, which was served on the 15th June, 1871. The garnishee answered, admitting an indebtedness to said Purdy, under a contract for the building of a house not then completed, of about |200. The garnishee having died after filing his answer, his administratrix was brought in by…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. John Elliott. The appellant in this case, having a judgment against A. M. Purdy, sued out a garnishment against Robert Anderson as his debtor, which was served on the 15th June, 1871. The garnishee answered, admitting an indebtedness to said Purdy, under a contract for the building of a house not then completed, of about |200. The garnishee having died after filing his answer, his administratrix was brought in by scire facias, and filed a similar answer ; but she afterwards amended her answer, by leave of the court, and alleged…
1Opinion of the CourtB. F. Saffold, J.
To a writ of garnishment, sued out by the appellant to obtain satisfaction of a judgment recovered by him against Purdy, the garnishee answered an indebtedness of $200, which, she said, was claimed by Charles Fricke. Fricke propounded his claim, as follows. He was a sub-contractor under Purdy, for the building of a house for Robert Anderson. Purdy was indebted to him, on account of this work, about $175; and on the 27th of June, 1871, he presented to Anderson an account for the same, duly attested, whereby he acquired a lien on whatever amount was due from Anderson to Purdy, under the…
2Cited by2 opinions
- Le Grand v. HubbardSupreme Court of Alabama · 1927
- Mueller ex rel. Ahrens & Ott Manufacturing Co. v. KrollAppellate Court of Illinois · 1917