Buckland v. Tonsmere & Craft

90 Ala. 503

• Court: Supreme Court of Alabama
• Decided: November 15, 1890
• Status: Published

Opinion

McCLELLAN, J.

The 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 regard, which does not trench upon any right the defendant had, is not revisable.

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

Affirmed.