Levisohn v. Waganer

Decided December 15, 1884

Supreme Court of Alabama · decided 1884-12-15

Tried before the Hon. O. J. Semmbs. The record in this case shows that, on the 18th March, 1884, L. P. Waganer commenced an action in a justice’s court, against Hugh Eox and wife, and sued out a garnishment against Chamberlain & Co., as the debtors of said defendants ; that said garnishees appeared, and filed an ansyver denying any indebtedness, but stating that they held four notes, called Seamen’s Advance Notes,” which had been deposited with them for collection by J.…

Relies on Jones's Adm'r v. Crews · Jones v. Norris

Good law ✅— No negative treatment on recordhow we know

Decided 1884-12-15

How this case has been cited

Cited by 5 later decisions — most recently November 1900

5 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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SOMERYILLE, J.

¶1— The judgment against the garnishee is clearly erroneous, and must be reversed. His answer showed that he was neither indebted to the defendant, Fox, nor had under his control any chattels such as the statute authorizes to be condemned. The choses in action which were in his possession could not be the subject of condemnation in such a proceeding, and the garnishee was entitled to be discharged on his answer. This has long been declared to be the settled law in this State. — Jones v. Norris, 2 Ala. 526; Jones v. Crew, 64 Ala. 368; Code, 1876, §§ 3293-3295, 3268; Drake on Attachments, § 481.

¶2Reversed and remanded.