Johnson v. Scoggins

Supreme Court of Alabama

Johnson v. Scoggins

49 So. 785, 160 Ala. 380, 1909 Ala. LEXIS 105

DecidedMay 20, 1909

StatusPublished

This text of 49 So. 785 (Johnson v. Scoggins) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Scoggins, 49 So. 785, 160 Ala. 380, 1909 Ala. LEXIS 105 (Ala. 1909).

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Opinion

ANDERSON, J.

While the statute gives a defendant the right, under certain conditions,' to contest the answer of a garnishee, and section 4327 of the Code of 1907, authorizes a judgment for the defendant, yet he is [382]*382not entitled to a judgment unless tbe judgment of the plaintiff against him has been satisfied. In other words, the statutes contemplates a judgment for the defendant only after he has satisfied the plaintiff’s judgment against him (the defendant). The judgment of the plaintiff against the defendant not having been satisfied when the judgment in favor of the defendant against the garnishee was rendered, the action of the- court in rendering the same was error.

The judgment of the county court is reversed, and the cause is remanded.

Reversed and remanded.

Dowdell, C. J., and McClellan and Sayre, JJ., concur.

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ANDERSON, J.

While the statute gives a defendant the right, under certain conditions,' to contest the answer of a garnishee, and section 4327 of the Code of 1907, authorizes a judgment for the defendant, yet he is [382]*382not entitled to a judgment unless tbe judgment of the plaintiff against him has been satisfied. In other words, the statutes contemplates a judgment for the defendant only after he has satisfied the plaintiff’s judgment against him (the defendant). The judgment of the plaintiff against the defendant not having been satisfied when the judgment in favor of the defendant against the garnishee was rendered, the action of the- court in rendering the same was error.

The judgment of the county court is reversed, and the cause is remanded.

Reversed and remanded.

Dowdell, C. J., and McClellan and Sayre, JJ., concur.

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Bluebook (online)

49 So. 785, 160 Ala. 380, 1909 Ala. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-scoggins-ala-1909.