Winslow v. Bracken
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. H. D. Clayton. One D. R. Towns recovered a judgment againt one A. W. Mathews. Mathias Bracken, who was surety for said A. W. Mathews, paid the judgment, which was transferred to him by attorneys of Towns, with Towns’ authority. Bracken now sues out a writ of garnishment against the administrators of the estate of John Mathews, deceased, of ■which estate said A. W. Mathews was an heir.
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Appeal from the Circuit Court of Dale. Tried before the Hon. H. D. Clayton. One D. R. Towns recovered a judgment againt one A. W. Mathews. Mathias Bracken, who was surety for said A. W. Mathews, paid the judgment, which was transferred to him by attorneys of Towns, with Towns’ authority. Bracken now sues out a writ of garnishment against the administrators of the estate of John Mathews, deceased, of ■which estate said A. W. Mathews was an heir. Said administrators, the garnishees, deny in their answer any indebtedness to said Mathews, and state that they were notified some twelve months…
1Opinion of the CourtBrickell, C. J.
1. The issue which may be formed between the garnishing creditor, and the claimant of the debt, or demand, or fund sought to be subjected to the garnishment, is collateral to the suit against the debtor, and the suit by garnishment. It does not involve the regularity of the proceédings in either of those suits; and the purpose of compelling its formation and trial, is, the snmmary determination of the right of the claimant as against the garnisheeing creditor — whether his right is superior to that of the claimant. As in the analogous proceeding of the trial of the right of property, levied…
2Cases cited2 opinions
- Scott, Slough & Co. v. StallsworthSupreme Court of Alabama · 1847
- Camp v. HatterSupreme Court of Alabama · 1847
3Cited by8 opinions
- Reynolds v. CollinsSupreme Court of Alabama · 1884
- Reinertsen v. E. W. Bennett & SonsCourt of Appeals of Texas · 1916
- Wooldridge v. HolmesSupreme Court of Alabama · 1885
- Central Bank & Trust Co. v. Alabama Broom & Mattress Co.Supreme Court of Alabama · 1920
- Jones v. Lowery Banking Co.Supreme Court of Alabama · 1893
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