Saller Lewin & Co. v. Insurance Co. of North America
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before J. Little Smith, Esq., Special Judge. The appellants, Sailer Lewin & Co., having obtained a judgment against one B. R. Levy, sued out process of garnishment against the appellees, The Insurance Company of North America. This garnishmenl was served on the 11th day of March, 1876. This process was returnable on the first Monday in April, 1876, at which time the garnishee failed to answer, and a judgment nisi was taken against it.
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Appeal from Mobile Circuit Court. Tried before J. Little Smith, Esq., Special Judge. The appellants, Sailer Lewin & Co., having obtained a judgment against one B. R. Levy, sued out process of garnishment against the appellees, The Insurance Company of North America. This garnishmenl was served on the 11th day of March, 1876. This process was returnable on the first Monday in April, 1876, at which time the garnishee failed to answer, and a judgment nisi was taken against it. On notice of the judgment by sci fa., J. O. Reese, as agent for the insurance company, filed a written answer on the…
1Opinion of the CourtStone, J.
We do not propose in this case to consider the sufficiency of the affidavit of contest, the right of plaintiff in garnishment to amend the affidavit by striking out the words “ in law,” or the several rulings of the Circuit Court on that phase of the case. It is manifest that from anything appearing in the record, the case was not one that called for or justified a contest of the truth of the garnishee’s oral, or amended answer. We may add, however, that we have detected no error in the rulings of the court in reference to the affidavit of contest.
The answer of the garnishee admitted there…
2Cases cited1 opinion
- Mobile & Ohio Railroad v. Whitney & Co.Supreme Court of Alabama · 1864
3Cited by2 opinions
- Bessemer Savings Bank v. AndersonSupreme Court of Alabama · 1901
- Foshee v. Board of Education of Houston CountySupreme Court of Alabama · 1938