Legal Opinion

Bonner v. Martin & Lowe

Supreme Court of Alabama

Decided June 15, 1860Published

Abpeal from the Circuit 'Court 'of Bickens. Tried before the Hon.-A.-A. Coleman^ The record'in'this-case'shows the following facts: On the 15th September, 1859, Martin ■& Lowe commenced an action-, -by summons and complaint, against Simpson H. Williams, aud at the sateie time, sued mut a garnishment, under the act of February 5th, 1858, (Session Acts 1857-8, p: 36,) against John T. Bonner, C. B. 'Sanders, and C. L. 'Stone.

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Abpeal from the Circuit 'Court 'of Bickens. Tried before the Hon.-A.-A. Coleman^ The record'in'this-case'shows the following facts: On the 15th September, 1859, Martin ■& Lowe commenced an action-, -by summons and complaint, against Simpson H. Williams, aud at the sateie time, sued mut a garnishment, under the act of February 5th, 1858, (Session Acts 1857-8, p: 36,) against John T. Bonner, C. B. 'Sanders, and C. L. 'Stone. At the ensuing term of the circuit court, judgment by default was rendered against Williams, for $134 38; and at the end of that judgment these words were added: “Judgment…

1Opinion of the CourtA. J. Walker, C. J.

To support a judgment final ¡against a defaulting garnishee, it is requisite that there should have been a previous conditional judgment against him, to be made final unless he should appear within the first three days of the next succeeding term and answer.— Code, § 2545 ; Session Acts 1857-58, p. 36. The words found at the close of the judgment against the plaintiff’s debtor, do not amount to a judgment at all.—Dickerson v. Walker, 1 Ala. 48 ; Tombeckbe Bank v. Strong, 1 Stew. & P. 187 ; Draughn v. Tombeckbe Bank, 1 Stew. 66. If it be conceded, that ,a recital in the final judgment, of the…

2Cases cited3 opinions

  1. Dickerson v. WalkerSupreme Court of Alabama · 1840
  2. Draughan v. Tombeckbee BankSupreme Court of Alabama · 1827
  3. Tombeckbee Bank v. Strong's ExecutorsSupreme Court of Alabama · 1831

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