Chambers v. Yarnell

Decided January 15, 1861

Supreme Court of Alabama · decided 1861-01-15

Cook, The appellee in this case obtained a judgment against William Leonards at the spring term, 1857, of said circuit • iiourt | and the appellant was afterwards summoned, by process of garnishment, as the debtor of said Leonard, The ..record contains, 1st, the affidavit of the plaintiff’s attorney, -on which the garnishment .was issued $ 2d, -.the writ of garnishment -, 3d, a minute-entry reciting the .garnishee’s appearance and answer j and, 4th, the judgment against the…

Relies on Faulks v. Heard

Good law ✅— No negative treatment on recordhow we know

Decided 1861-01-15

How this case has been cited

Cited by 4 later decisions — most recently March 1919

4 state decisions

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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STONE, J.

¶1The judgment in this case-cannot be supported, because it fails to recite the fact and amount of the recovery against the defendant in execution. Nothing in this record, except the ex-parte affidavit-of the attorney on which the garnishee process was sued out, shows that the plaintiff has a judgment against the elder Leonard. The record does not show enough to.justify the judgment against the garnishee. — Faulks v. Heard & Due, 31 Ala. 516.

¶2[2.] The judgment against -the garnishee, for the coste of the collateral issue between -the plaintiff and the alleged transferree, is also erroneous. The garnishee was not a party to that issue. The-'transferree, when brought in, was the party contesting with the plaintiff in garnishment. Hence, if he set up a claim to the debt, and failed to make it good, he was the unsuccessful party against whom judgment for costs should have been rendered. — Code, § 2554.

¶3Judgment reversed, and cause remanded.