Blackman & Co. v. Collier
Alabama Court of Appeals
Assumpsit. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Blackman & Co., had garnishment issued do reach funds in the hands of one Newton, and R. E. Collier intervened as claimant of said fund. From a judgment for claimant, the plaintiff appeals.
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Assumpsit. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Blackman & Co., had garnishment issued do reach funds in the hands of one Newton, and R. E. Collier intervened as claimant of said fund. From a judgment for claimant, the plaintiff appeals. The court should have sustained the motion of the plaintiff to dismiss the claim suit and grant a writ of procedendo to the justice. — Mc-Neill v. Kyle, 86 Ala. 338; Hey wood, et al. v. Phillips, et ail., 97 Ala. 533; section 4382, Code 1907. No brief reached the reporter.
1Opinion of the CourtThomas, J.
The appellants here, Blackman & Co., were plaintiffs in the justice of the peace court in a garnishment proceeding, wherein, upon proper affidavit there made, a writ of garnishment was issued against one Newton as garnishee upon a judgment which plaintiffs had previously obtained in said justice court against one Rogers as defendant.- — Code, §§ 4301, 4302. The garnishment writ was duly served on the garnishee, and notice, of its issuance upon the defendant in conformity with the provisions of sections 4304 and 4305 of the Code, and the said garnishee, Newton, thereupon filed formal answer in…
2Cases cited7 opinions
- Bessemer Savings Bank v. AndersonSupreme Court of Alabama · 1901
- Fowler v. WilliamsonSupreme Court of Alabama · 1875
- Security Loan Ass'n v. WeemsSupreme Court of Alabama · 1881
- Ex parte OpdykeSupreme Court of Alabama · 1878
- Smoot v. EslavaSupreme Court of Alabama · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stovall v. HamiltonAlabama Court of Appeals · 1915