Presnall v. Mabry
Supreme Court of Alabama
QUESTIONS IN THIS CASE As to the answer of a garnishee. As to the issuance of a summons in garnishment against an administrator, within six months after the grant of letters. At the September term, 1819, of the then Superi- or Court of Clarke county, Jesse Mabry, upon a writ and declaration, formal and sufficient, obtained a judgment against William Latham, in the words and figures following:— “ Judgment by default claimed by T. Murray, Esq. — granted.”
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QUESTIONS IN THIS CASE As to the answer of a garnishee. As to the issuance of a summons in garnishment against an administrator, within six months after the grant of letters. At the September term, 1819, of the then Superi- or Court of Clarke county, Jesse Mabry, upon a writ and declaration, formal and sufficient, obtained a judgment against William Latham, in the words and figures following:— “ Judgment by default claimed by T. Murray, Esq. — granted.” Lpon this supposed judgment, executions issued at various times, to wit: — One in October, 1819, and one on the L9th January, 1832, both…
1Opinion of the CourtHitchcock, J.
The defendant in this court, who was plaintiff below, recovered judgment in the Su*109perior Court of Clarke County, at the September Term, 1819, of said Court, against one William La-tham. The entry of judgment was in the following words: “ Judgment by default, claimed by T. Murray, Esq.: granted;” upon which various executions issued, all of which were returned, unsatisfied.
On the 17th January, 1832, one William Robinson made oath, in the usual form, applying for a summons against the present plaintiff in error, as a garnishee of Latham.
At the April Term, 1832, of the Court, various motions…
2Cited by6 opinions
- White v. KahnSupreme Court of Alabama · 1893
- Moore v. StaintonSupreme Court of Alabama · 1853
- Foster, Nostrand & Co. v. WalkerSupreme Court of Alabama · 1841
- Edney v. WillisNebraska Supreme Court · 1888
- Johnson & Co. v. SpaightSupreme Court of Alabama · 1848
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