Steiner Bros. v. First National Bank
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. On the 10th day of March, 1894, B. & S. Steiner, co-partners, as Steiner Brothers, brought suit in the city court of Birmingham against William Berney, to recover upon a note for $2,000, and on the 21st day of September, 1894, they sued out an ancillary attachment against him, which the sheriff levied on the 22d day of September, 1894, by summoning the appellee, the First National Bank of…
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. On the 10th day of March, 1894, B. & S. Steiner, co-partners, as Steiner Brothers, brought suit in the city court of Birmingham against William Berney, to recover upon a note for $2,000, and on the 21st day of September, 1894, they sued out an ancillary attachment against him, which the sheriff levied on the 22d day of September, 1894, by summoning the appellee, the First National Bank of Birmingham, as garnishee, to answer before the city court within 30 days from service, according to the statute, as to…
1Opinion of the CourtBrickell, C. J.
The motion to dismiss the appeal seems to be founded on the theory, that the judgment discharging the appellee as garnishee, is not a final judgment which will support an appeal. The statutes creating the remedy by garnishment declare that “an appeal lies to the Supreme Court at the instance of the plaintiff, the defendant, the contestant, or claimant.” Code of 1886, § 2990. The character of the judgment for or against either of the parties, from which the ap*384peal may be taken, the statute does not define ; that is declared by the general statute, which confers on a party aggrieved, the right…
2Cases cited10 opinions
- Mayor of Mobile v. Rowland & Co.Supreme Court of Alabama · 1855
- Jackson ex dem. Henderson v. DavenportCourt for the Trial of Impeachments and Correction of Errors · 1822
- Grates v. CooperSupreme Court of Alabama · 1845
- Anniston & Atlantic Railroad v. Ledbetter & FarmerSupreme Court of Alabama · 1890
- Decatur, Chesapeake & New Orleans Railway Co. v. CrassSupreme Court of Alabama · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Livingston v. MaleverSupreme Court of Florida · 1931
- Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
- First Nat. Bank of Birmingham v. GarrisonSupreme Court of Alabama · 1937
- Garrett v. Mills.Supreme Court of Alabama · 1907
- La Floridienne, J. Buttgenbach & Co., Societe Anonyme v. Atlantic Coast Line Railway Co.Supreme Court of Florida · 1912
17 more not listed; retrieve them via the Exa API.