American Trust & Savings Bank v. O'Barr
Alabama Court of Appeals
Assumpsit. Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. G. E. O’Barr sued one Turner in attachment, with garnishment to the Mitchell Mountain Coal & Iron Co., and the American Trust & Saying Bank, assignee of Turner, claimed the fund. There was judgment for plaintiff and the claimant appeals.
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Assumpsit. Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. G. E. O’Barr sued one Turner in attachment, with garnishment to the Mitchell Mountain Coal & Iron Co., and the American Trust & Saying Bank, assignee of Turner, claimed the fund. There was judgment for plaintiff and the claimant appeals. The court erred in overruling claimants demurrers to plaintiff’s replication. — Monntam v. Whitman, 103 Ala. 630; Little v. Sterne, 125 Ala. 609; Warren v. Hunt, 114 Ala. 506; Pratt L. & I. Go. v. McClain■, 135 Ala. 452. As to what property is subject to garnishment, see the…
1Opinion of the CourtThomas, J.
The appellee, O’Barr, commenced suit by original attachment against one Turner, in aid of which a writ of garnishment was then sued out and served upon the Mitchell Mountain Coal & Iron Company, as garnishee, who filed answer admitting an indebtedness of $2,705.99, but suggesting the appellant, the American Trust & Savings Bank, as claimant. The latter, having been brought in by citation, propounded its claim to the fund, which was predicated upon an assignment to it of the same by the defendant in attachment, Turner. The plaintiff (appellee) contested the claim on the ground that the…
2Cases cited18 opinions
- Cunningham & Son v. Baker, Peterson & Co.Supreme Court of Alabama · 1893
- Caldwell v. KingSupreme Court of Alabama · 1884
- Hall & Farley, Trustees v. Alabama Terminal & Improvement Co.Supreme Court of Alabama · 1904
- Rowland & Co. v. PlummerSupreme Court of Alabama · 1874
- Alexander v. Pollock & Co.Supreme Court of Alabama · 1882
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McNeil v. Ritter Dental Mfg. Co.Supreme Court of Alabama · 1925
- Booker T. Washington Burial Ins. Co. v. RobertsSupreme Court of Alabama · 1934
- O'Barr v. TurnerAlabama Court of Appeals · 1917
- United States Fidelity & Guaranty Co. v. ArmstrongSupreme Court of Alabama · 1932
- Buck Creek Industries, Inc. v. Alcon Construction, Inc.Court of Appeals for the Fifth Circuit · 1980
8 more not listed; retrieve them via the Exa API.