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68 Ala. 354

Lee v. Ryall

Supreme Court of Alabama

Decided December 15, 1880

Supreme Court of Alabama · decided 1880-12-15

Tried before Hon. Lutheb B. Smith. This suit was commenced by attachment by the appellee against the appellants, they beingnonrresidents of the State, and was levied by service of a writ of garnishment on W. W. Dugger, as their debtor. The complaint, as originally filed, contained only the common counts, one declaring on an account stated, one on account for goods, wares and merchandise sold, and another on account for money loaned and advanced.

Relies on Ravisies v. Stoddart & Co. · Vaughan v. Marable · Cauly v. Blue

Good law ✅— No negative treatment on recordhow we know

Decided 1880-12-15

How this case has been cited

Cited by 7 later decisions — most recently October 1951

7 state decisions

4018801890190019101920193019401950decided

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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BRICKELL, C. J.

¶11. A judgment condemning tbe statutory separate estate of the wife to tbe satisfaction of a claim for articles of comfort and support of tbe household, must specify the property. A general judgment,, or a judgment which pretermits the ascertainment of the estate of the wife condemned to its satisfaction, can not be rendered. Ravisies v. Stoddart, 32 Ala. 599. The present judgment does not ascertain the amount of the fund in the hands- of the garnishee, which is declared liable to its satisfaction. Whether it equals or exceeds the amount of the judgment is unascer-tained. Nor had its amount been ascertained, for there is a continuance of tbe cause, and an order that Dugger answer further in open court.

¶22. To support a judgment against agamisbee, there must-be a personal judgment against Ms creditor, and that judgment must precede or attend' the judgment against the garnishee. There can be no personal judgment against the-wife • tbe only judgment which can be rendered,is a judgment in rein, a judgment of condemnation of the statutory' estate described in the complaint. Jurisdiction to render this judgment is not acquired, and can not be acquired by a seizure of tbe res by attachment or otherwise. Cauly v. Blue, 62 Ala. 77; McMullen v. Lockhard, 64 Ala. 66. In this view, in this proceeding there can be no judgment ag.ainst the statutory separate estate of the wife.

¶3Reversed and remanded.

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