Alabama § 6-6-458 Controverting of Answer by Plaintiff, Etc

Alabama Statutes

§ 6-6-458 — Controverting of Answer by Plaintiff, Etc

Alabama·Title 6 Civil Practice·Ch. 6 Remedies·Art. 9 Garnishments·Div. 5 Answer of Garnishee

The plaintiff, his agent, or attorney may controvert the answer of the garnishee by making oath within 30 days after notice of the filing of the answer that he believes it to be untrue. Thereupon, an issue must be made up, under the direction of the court, in which the plaintiff must allege in what respect the answer is untrue; and, if required by either party, a jury must be impaneled to try such issue.

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The plaintiff, his agent, or attorney may controvert the answer of the garnishee by making oath within 30 days after notice of the filing of the answer that he believes it to be untrue. Thereupon, an issue must be made up, under the direction of the court, in which the plaintiff must allege in what respect the answer is untrue; and, if required by either party, a jury must be impaneled to try such issue.

Alabama § 6-6-458 (Controverting of Answer by Plaintiff, Etc) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

(Code 1852, §2546; Code 1867, §2974; Code 1876, §3299; Code 1886, §2891; Code 1896, §2196; Code 1907, §4325; Code 1923, §8076; Code 1940, T. 7, §1020.)