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90 Ala. 503

Buckland v. Tonsmere & Craft

Supreme Court of Alabama

Decided November 15, 1890

Supreme Court of Alabama · decided 1890-11-15

Tried before the Hon. Wm. E. Clarice. Judgment in.favor of Tpnsmere& Craft against E. E. Buck-land, recovered May 11th, 1886; garnishment against the M. & O. Railroad Company, sued out March 8th, 1889; answer of garnishee, admitting indebtedness, filed May 11th, 1889 ; claim of exemption filed May 13th, 1889; and judgment discharging garnishee, as shown more fully by the former report of the case, 88 Ala. 312-18.

Cited by 1 later decisions — most recently November 1893

1 state decisions

Relies on Tonsmere & Craft v. Buckland

Good law ✅— No negative treatment on recordhow we know

Decided 1890-11-15

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McCLELLAN, J.

¶1The opinion in this case on a former appeal (88 Ala. 312) is decisive of the question now presented. It was then held that, the time within which the defendant had a right to file a sufficent inventory having elapsed, the plaintiff “could have moved for judgment against the garnishee, on the ground that no sufficient claim of exemption had been filed; or, pursuing the course he did, it was his right to demand a fuller inventory. Pursuing either course, it was within the discretion of the presiding judge, with or without terms, to allow an inventory to be filed, or the imperfect one amended. ” Upon the remandment of the cause, the judge of the Circuit Court exercised this discretion, by declining to allow a new (or amended) inventory to be filed; and his action in that re*504gard, which does not trench upon any right the defendant had, is not revisable.

¶2The judgment of the Circuit Court is, therefore, affirmed, on the authority of Tonsmere & Craft v. Buckland, 88 Ala. 312.

¶3Affirmed.

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