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3 Port. 381

Colman v. Waters

Supreme Court of Alabama

Decided June 15, 1836

Supreme Court of Alabama · decided 1836-06-15

Relative to the answer of a garnishee in attachment. This was a proceeding in garnishment, before a justice of the peace, of Butler county, against the plaintiff in error, at the instance of Waters. The justice, on the answer of Colman, gave judgment, against him, which he removed, by'appeal, to the Circuit Court of that county ; where the judgment was again rendered against him on his answer.

Decided 1836-06-15

Per Curiam.

¶1This cause must be reversed and remanded, on the authority of the case of Gayle vs. Turner.a

¶2In cases from magistrates, the proceedings are de novo, and the garnishee should have been permitted to answer anew.

¶3 1 al Rep. 206.

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