Corbitt v. Pynes

Decided January 15, 1871

Supreme Court of Alabama · decided 1871-01-15

Tried before Hon. J. MoOaleb Wiley. The appellant having commenced suit against one Johnson, a non-resident, by attachment, Pynes, who was administrator of the estate of Johnson’s mother, was summoned by garnishment to answer what he was indebted as administrator, to said defendant.

Cited by 2 later decisions — most recently November 1900

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-01-15

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B. E. SAEEOLD, J.

¶1The answer of a garnishee, verified by affidavit, and referred to in the judgment entry, is a part of the record.— Curry, Garn., v. Woodnoard, January term, 1870. It is his pleading in the case.

¶2The judgment against the garnishee, who was an administrator, was not warranted by his answer. He does not “ admit assets to pay the amount claimed, or some portion thereof, out of the distributive share of the debtor.” — Revised Code, § 2947. He says, in effect, if the distributee pays the $500 he owes to the estate, then on final settlement there may be due him about $200. There was no error in quashing the execution and setting aside the judgment at a subsequent term.

¶3The judgment is affirmed.