Ellis & Co. v. Mobile, J. & K. C. R. R.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. J. B. Ellis & Co. obtained a judgment against E. A. Bayley, and on said judgment summoned the M. J. & K. C. R. R. Co., and another as garnishees. There was judgment discharging the garnishees and plaintiff appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. J. B. Ellis & Co. obtained a judgment against E. A. Bayley, and on said judgment summoned the M. J. & K. C. R. R. Co., and another as garnishees. There was judgment discharging the garnishees and plaintiff appeals. The answer of the garnishee is not a part of the record unless made so by bill of exception or by a recital in the judgment entry, and the so-called claim of the Fisher Credit Company should be disregarded. — Decatur Go. v. Graft, 97 Ala. 521. A discharge in bankruptcy would be no defense in this suit, it…
1Opinion of the CourtEvans, J.
Apellants obtained a judgment, on the 20th day of October, 1908, at the October term of the law and equity court of Mobile, against Eugene A. Bayley for the sum of $171.33 and costs of suit. On November 4, 1908, the said Eugene A. Bayley was adjudged a bankrupt. On November 14, 1908, appellants made affidavit, and gave bond, as required by the statutes of this state, and obtained a writ of garnishment on said judgment to the Mobile, Jackson & Kansas City Railroad Company, a corporation, and to the New Orleans, Mobile & Chicago Railroad Company, a corporation. On the 9th. day of December,…
2Cited by4 opinions
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- Tyson v. United States Pipe and Foundry CompanySupreme Court of Alabama · 1970
- Baker v. Gate City Coffin Co.Supreme Court of Alabama · 1919
- James v. Kitzenger & Co.Alabama Court of Appeals · 1915