Baldwin v. Roman

Decided November 15, 1899

Supreme Court of Alabama · decided 1899-11-15

Appear from the Circuit Court of Montgomery. Tried before the Hon. J. 0. Richardson. S. Roman recovered a judgment against' the Montgomery Iron Works. Upon this judgment a writ of garnishment was issued and served upon the appellant, A. M. Baldwin. The garnishee made a written answer, in which he denied all indebtedness to the defendant. After filing his answer, the plaintiff moved that the garnishee be required to answer orally.

Cited by 1 later decisions — most recently November 1902

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1899-11-15

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MoCLLELAN, C. J.

¶1There was no final judgment against Baldwin, the garnishee, in the court below, and his appeal must be dismissed for want of such judgment to support it, in response to the motion to that end, made in behalf of the appellee.

¶2The rulings of the circuit court in the garnishment proceedings, if they ever result in injury to the garnishee, may be reviewed on appeal; a remedy that will be entirely adequate to correct any errors that may have been committed to his hurt; and upon this ground the application for mavdamns must be denied.

¶3Appeal dismissed and application for mandamus denied.