Warren v. Matthews
Supreme Court of Alabama
Appeal from tlie City Court of Montgomery. Tried before tbe Hon. T. M. Aekington. On September 2, 1891, J. B. Warren & Co. brought suit by attachment against W. P. Hurn in the City Court of Montgomery. The sheriff oí Montgomery county executed the writ by serving a summons in garnishment on H. H. Matthews as clerk of the City Court.
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Appeal from tlie City Court of Montgomery. Tried before tbe Hon. T. M. Aekington. On September 2, 1891, J. B. Warren & Co. brought suit by attachment against W. P. Hurn in the City Court of Montgomery. The sheriff oí Montgomery county executed the writ by serving a summons in garnishment on H. H. Matthews as clerk of the City Court. The answer of the garnishee disclosed the following state of facts, which were set up by way of plea: On February 28, 1891, the same plaintiffs, J. B. Warren & Co., brought suit by attachment in the same court on another debt against the same defendant, W. P.…
1Opinion of the CourtMcOLELLAN, J.
Section 2950 of the Code is in the following language: “Money in the hands of an attorney at law, sheriff, or other officer, may be attached; and in the case of officers of the court, the money must be paid into the court, to abide the result of the suit, unless the court otherwise directs.” What is meant by paying money into court — what will constitute such payment — as that term is used in our statutes, and generally in the law, seems to be well defined in this State. The phrase is of more frequent occurrence in the law of tender than elsewhere. When the fact of tender is relied on by…
2Cases cited1 opinion
- Donald Bros. & Co. v. NelsonSupreme Court of Alabama · 1891
3Cited by2 opinions
- Alexander v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1921
- Guilford v. Reeves & Co.Supreme Court of Alabama · 1893