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11 Ala. 607

Jones v. Kolisenski

Supreme Court of Alabama

Decided January 15, 1847

Supreme Court of Alabama · decided 1847-01-15

Writ of Error to the Circuit Court of Conecuh. Assumpsit, for work and labor, &c. by Kolisenski against Jones. The defendant pleaded non-assumpsit, set off, and a former adjudication in short. At the trial, the defendant produced the record of a suit in the county court of said county, in which he, as the garnishee of the plaintiff, at the suit of one Davidson, appealed from a judgment of a justice of the peace.

Good law ✅— No negative treatment on recordhow we know

Decided 1847-01-15

How this case has been cited

Cited by 3 later decisions — most recently November 1893

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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GOLDTHWAITE, J.

¶1We think it very clear there was no error in the action of the circuit court. The record of the suit in the county court was a matter which in no way concluded either of the parties to this suit, for as to them it was res inter alias acta. Our statutes provide, it is true, that [the defendant in attachment may controvert the answer of his debtor, when summoned as garnishee at the suit of another, (Dig. 60, § 24, 25;) but unless this is done, the proceedings are between the creditor and debtor only, and the judgment is operative for the latter only as laying the foundation for a set off, or payment, by showing its satisfaction. In another point of view, even if admitted as evidence, it was no bar, for the creditor may have claimed no more than the sum recovered, in which event the judgment would be as it is, although the jury trying the cause were entirely satisfied more was due. On all points the decision was strictly correct.

¶2Judgment affirmed.

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