Decatur Mercantile Co. v. Deford
Supreme Court of Alabama
Garnishment on J'udgm&ht; Contest of Claim of Exemption. Appeal from the City Court of Decatur. Tried before the Hon. Wm. H. Simpson. The appellant in this case recovered a judgment against John H. Deford, on the 27th August, 1890, before C. A. Stephens, mayor of Decatur and ex officio justice of the peace; and sued out a. garnishment on said judgment against Long & Jervis, as the debtors of said Deford. The judgment was for $11.37, besides costs.
Read the full summary
Garnishment on J'udgm&ht; Contest of Claim of Exemption. Appeal from the City Court of Decatur. Tried before the Hon. Wm. H. Simpson. The appellant in this case recovered a judgment against John H. Deford, on the 27th August, 1890, before C. A. Stephens, mayor of Decatur and ex officio justice of the peace; and sued out a. garnishment on said judgment against Long & Jervis, as the debtors of said Deford. The judgment was for $11.37, besides costs. On the 9th September, 1890, before the garnishees had answered, Deford appeared before another justice of the peace, and made an affidavit and…
1Opinion of the CourtClopton, J.
— Section 2533 of the Code provides : “When money, or choses in action, or personal property, are garnished, and the defendant claims the same, or any part thereof, as exempted, he shall file his claim thereto in writing, verified by oath, in the court in which said proceedings are pending, accompanied by a statement setting forth the personal property, choses in action and money, and the location and value thereof, as required in the statement to be filed under the provisions of section 2525.”
Appellee having filed his claim to the money garnished as exempt, appellant moved for judgment by…
2Cases cited1 opinion
- Tonsmere & Craft v. BucklandSupreme Court of Alabama · 1889
3Cited by5 opinions
- Nunez v. BordenSupreme Court of Alabama · 1933
- Brown Shoe Co. v. SchaeferSupreme Court of Alabama · 1942
- Alabama Telco Credit Union v. GibbonsCourt of Civil Appeals of Alabama · 2015
- Johnson v. Huntsville Gro. Co.Alabama Court of Appeals · 1914
- Weinstein v. Yielding Bros. & Co.Supreme Court of Alabama · 1909