Mathieson v. Thompson
Supreme Court of Alabama
Appeal from tbe Circuit Court of "Wilcox. Tried before the Plou. E. W. Pettus. The appellee in this case was summoned, at the suit of the appellants and five other attaching creditors, as the debtor of J. B. & N. E. Camp; and filed an answer in each case, denying any indebtedness; which answer was not controverted. The garnishments were all returnable to the same term of the court.
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Appeal from tbe Circuit Court of "Wilcox. Tried before the Plou. E. W. Pettus. The appellee in this case was summoned, at the suit of the appellants and five other attaching creditors, as the debtor of J. B. & N. E. Camp; and filed an answer in each case, denying any indebtedness; which answer was not controverted. The garnishments were all returnable to the same term of the court. The garnishee resided in Butts county, Georgia; but the garnishment was served on him in Wilcox county, in this State, while on a visit. On these facts, the circuit court held, that the garnishee was entitled, in…
1Opinion of the CourtRice, C. J.
— “ The pay of ajuror” — that is, of a regular juror — “ duiing his attendance,” is the pay allowed by section 2256 of the Code to a garnishee whose answer is not controverted. That pay includes mileage, as well as the per-diem. allowance. — Code, § 3481. The reason for allowing it to a garnishee is stronger than for allowing it to a juroi*. A juror can not be required to serve out of his *501county. A garnishee may be required to answer orally in any court in the State, however distant from his home. Code, § 2540. The penalty for the failure of a juror to attend can not exceed one hundred…
2Cited by3 opinions
- Pepperell Manufacturing Co. v. Alabama National BankSupreme Court of Alabama · 1954
- Salvo v. CourseySupreme Court of Alabama · 1921
- Pepperell Manufacturing Co. v. Alabama National BankSupreme Court of Alabama · 1954