Giddens v. Williamson
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. James Q. Smith. • This was a garnishment on a judgment, sued out by James T. Giddens, the assignee of the plaintiff therein, against 0. P. Eogers, as the debtor of Thomas P. Williamson, the principal defendant in the judgment; and the garnishee having answered, admitting an indebtedness, a claim of exemption was thereupon interposed by the defendant, and contested by the plaintiff.
Read the full summary
Appeal from the Circuit Court of Lowndes. Tried before the Hon. James Q. Smith. • This was a garnishment on a judgment, sued out by James T. Giddens, the assignee of the plaintiff therein, against 0. P. Eogers, as the debtor of Thomas P. Williamson, the principal defendant in the judgment; and the garnishee having answered, admitting an indebtedness, a claim of exemption was thereupon interposed by the defendant, and contested by the plaintiff. On the trial of the motion, which was submitted to the court for decision, by consent of parties, the following facts were proved, as shown by the…
1Opinion of the CourtSomeryille, J.
— The transfer in writing of the judgment, by the plaintiff therein, Susan Bruce, to Giddens, who-was a defendant in the judgment, and surety for the principal debtor, Williamson, was authorized by section 8418 of the Code of 1876. By virtue of this assignment, the assignee was entitled to assert, in law or equity, any lien or right against Williamson, which the plaintiff could assert.
The judgment debt was created in 1866; the garnishment was sued out in December, 1875, and was served on the garnishee, Rogers, on-the same day. The affidavit of exemption was made May 4, 1876, claiming, on the…
2Cases cited7 opinions
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Blum v. CarterSupreme Court of Alabama · 1879
- Wygant v. SmithNew York Supreme Court · 1869
- Friedlander v. MahoneySupreme Court of Iowa · 1871
- Falconer v. HeadSupreme Court of Alabama · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- DeGraffenried v. ClarkSupreme Court of Alabama · 1883
- Coonan v. LoewenthalCalifornia Supreme Court · 1905
- Slaughter v. McBrideSupreme Court of Alabama · 1881
- Peterson v. Drennen Motor Car Co.Supreme Court of Alabama · 1951
- Russell & Johnson v. Town of OneontaSupreme Court of Alabama · 1917
8 more not listed; retrieve them via the Exa API.