Adams v. Creen
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. Two petitions by James G. Adams for writs of mandamus to compel James F. Creen, as justice of the peace of Calhoun county, Ala., to issue a writ, of garnishment in each of two separate actions, wherein said Creen, as such justice, rendered judgment in favor of plaintiff against W. H. Baker. From a judgment in each case denying a writ of mandamus, petitioner appeals.
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Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. Two petitions by James G. Adams for writs of mandamus to compel James F. Creen, as justice of the peace of Calhoun county, Ala., to issue a writ, of garnishment in each of two separate actions, wherein said Creen, as such justice, rendered judgment in favor of plaintiff against W. H. Baker. From a judgment in each case denying a writ of mandamus, petitioner appeals. These appeals bring before the court for consideration the act of the general assembly approved February 21,1883, entitled “An act to regulate the…
1Opinion of the CourtHaralson, J.
We have before us the construction of the act of the General Assembly, approved February 21, 1893 (Acts 1892-93, p. 886), entitled “An act-to regulate the issue of garnishments and proceedings therein in the counties of Jefferson, Dallas, Calhoun, Escambia, and Cleburne.”
I. It may be properly premised, that everywhere the remedy by garnishment is wholly dependent upon statutory authorization, and it must be pursued, if at all, under statutory requisites. The legislature may allow the remedy within constitutional limitations, in the Circuit and City or Chancery Courts, or in either, and not in…
2Cases cited4 opinions
- Edwards v. WilliamsonSupreme Court of Alabama · 1881
- Henderson v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1882
- Osborn v. Johnson Wall Paper Co.Supreme Court of Alabama · 1892
- Heyward Bros. & Co. v. Phillips Buttoff M'fg. Co.Supreme Court of Alabama · 1892
3Cited by5 opinions
- Coffman v. FoldsSupreme Court of Alabama · 1927
- First National Bank of Jasper v. Robinson (In Re Robinson)United States Bankruptcy Court, N.D. Alabama · 1999
- McCormick Harvesting Machine Co. v. VaughnSupreme Court of Alabama · 1900
- Pepperell Manufacturing Co. v. Alabama National BankAlabama Court of Appeals · 1953
- Pepperell Manufacturing Co. v. Alabama National BankAlabama Court of Appeals · 1953