Donald Bros. & Co. v. Nelson
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before tbe Hon. ¥s. E. ClaRKE. cited Security Loan, As,so. v. Weems, 69 Ala. 668; Jacleson v. Hailey, 9 So. Eep. 650. cited Waples on Attachments, 151; Code, § 2946; Nesbitt (Ik Ware v. McClamahan, 30 Ala. 68; Gurry v. Woodivard, 50 Ala. 258; Drake on Attachments, § 4511), 6th ed.
1Opinion of the CourtClopton, J.
Appellants having made before the clerk of the Circuit Court the requisite affidavit and bond to obtain an attachment against the estate of James Nelson & Sons, the clerk, without isuing an attachment writ, issued a garnishment process, directed to the sheriff, and commanding him to summon W. H. Leinkauff & Sons as garnishees. The process having been served, the garnishees appeared and filed pleas in abatement, setting up that no attachment was issued, and that the sheriff was without authority to serve the summons of garnishment. Plaintiffs first moved to strike out the pleas, and then…
2Cases cited6 opinions
- Curry v. WoodwardSupreme Court of Alabama · 1874
- Moore v. JonesSupreme Court of Alabama · 1848
- Fowler v. WilliamsonSupreme Court of Alabama · 1875
- Ex parte OpdykeSupreme Court of Alabama · 1878
- Flash, Hartwell & Co. v. Paul, Cook & Co.Supreme Court of Alabama · 1856
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3Cited by14 opinions
- St. Louis-San Francisco Ry. Co. v. KimbrellSupreme Court of Alabama · 1932
- Lytle & Co. v. Bank of DothanSupreme Court of Alabama · 1898
- Craig & Co. v. Pierson L. Co.Supreme Court of Alabama · 1913
- First Nat. Bank of Mobile v. BurchSupreme Court of Alabama · 1939
- Rasmus v. SchafferSupreme Court of Alabama · 1935
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