Branch Bank v. Poe
Supreme Court of Alabama
Writ of error to the County Court of Mobile. THE defendant in error having recovered a judgment against Rufus Greene in the County Court of Mobile, made an affidavit in usual form, of the impracticability of finding property out of which to satisfy, the same, and prayed that process of garnishment might issue to the plaintiffs in error, and to John B. Norris, the President, and Billups Gayle, the Cashier of the corporation.
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Writ of error to the County Court of Mobile. THE defendant in error having recovered a judgment against Rufus Greene in the County Court of Mobile, made an affidavit in usual form, of the impracticability of finding property out of which to satisfy, the same, and prayed that process of garnishment might issue to the plaintiffs in error, and to John B. Norris, the President, and Billups Gayle, the Cashier of the corporation. The record does not contain the copy of a garnishment, but immediately after the affidavit, are the following entries: Upon the filing of which (evidently referring to the…
1Opinion of the CourtCollier, C. J.
— The garnishment relates to the present time, and calls upon the garnishee to state what he is then indebted, &c. to the defendant in execution; and consequently, if there is then no indebtedness, &c., though there may be after-wards, the plaintiff is not entitled to judgment. So, if there be an indebtedness at the time of the service of the garnishment, which is increased between that time and the garnishee’s an*398swering, the judgment in favor of the plaintiff must be limited to the sum due when the summons was executed. In stating the law thus generally, we do not intend to be understood as…
2Cited by6 opinions
- Mayor of Mobile v. Rowland & Co.Supreme Court of Alabama · 1855
- Steiner Bros. v. First National BankSupreme Court of Alabama · 1896
- Roby v. LabuzanSupreme Court of Alabama · 1852
- Nesbitt v. WareSupreme Court of Alabama · 1857
- Planters & Merchants Bank of Mobile v. LeavensSupreme Court of Alabama · 1843
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