1 Ala. 48 (Ala. 1840), Dickerson v. Walker

Citation1 Ala. 48
Opinion JudgeORMOND, J.
Party NameDICKERSON v. D. & J. B. WALKER.
AttorneyPORTER, for the plaintiff in error.
CourtSupreme Court of Alabama

Page 48

1 Ala. 48 (Ala. 1840)

DICKERSON

v.

D. & J. B. WALKER.

Supreme Court of Alabama

January Term, 1840

Error to the Circuit Court of Dallas County.

IN this case the plaintiff in error was cited to appear and answer as a garnishee upon an affidavit of the defendants in error, that they had obtained judgment against Pell & Carpenter and John Gordon, for two hundred and sixty nine and forty-one hundredth dollars, that the writ of fieri facias had been returned "no property found," and that they believed the plaintiff in error had funds of the defendants to said judgment, in his hands.

The plaintiff in error being cited, failed to appear, and judgment by default, was entered against him, "for the amount that the said plaintiffs may recover of the said Carpenter & Gordon, unless the said Dickerson appear at the next term of the Court," &c. Upon the return of the scire facias, judgment final was entered against the garnishee, for "two hundred and sixty nine and forty-one hundredth dollars, the amount of the judgment recovered by the said plaintiffs of Carpenter & Gordon, besides costs, &c."

The garnishee prosecutes this writ of error, and assigns for error--

1st. That there is no sufficient judgment nisi.

2d. The Court erred in rendering final judgment.

PORTER, for the plaintiff in error.

ORMOND, J.

It is an established principle that a judgment to be binding, must be certain and complete in itself, without reference to any thing else by which to ascertain its meaning. Draughan and others v. The Tombeckbee Bank, [1 Stew't. 66.] The Tombeckbee Bank v. Strong's Executors, [1 Stewart & Porter 187.]

The final judgment rendered against a garnishee is merely a confirmation of the interlocutory judgment, previously rendered. It follows necessarily, that the final judgment cannot be extended beyond, or be different from, the previous judgment rendered on condition. It cannot avail therefore, on the principles here laid down, that the final judgment is for a certain sum, as its binding efficacy must depend on the previous conditional judgment, of which the final judgment is the mere confirmation. If the conditional judgment is erroneous, an affirmance of it cannot cure the defect.

It is possible that in a suit commenced by original attachment, where the process is levied on a debt in the hands of another summoned as a garnishee, and who fails to appear, that it may be allowable to enter a judgment nisi, against...

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8 practice notes
  • 41 So. 10 (Ala. 1906), Ex parte National Lumber Mfg. Co.
    • United States
    • Supreme Court of Alabama
    • April 28, 1906
    ...v. Holcombe, 37 Ala. 94; Drane v. King, 21 Ala. 558; Spence v. Simmons, 16 Ala. 828; Lowry v. Clements, 9 Ala. 422; Dickerson v. Walker, 1 Ala. 48. To authorize a judgment by default against a corporation, the record must show that proof was made that the person upon whom process was served......
  • 114 So. 14 (Ala.App. 1927), 6 Div. 265, Anderson v. State
    • United States
    • Alabama Court of Appeals
    • October 4, 1927
    ...its terms, incapable of safe execution according to the letter of its mandate, is not valid." [22 Ala.App. 195] Dickerson v. Walker, 1 Ala. 48; Speed v. Cocke, 57 Ala. And in the case of Bradley v. State, 69 Ala. 318, Chief Justice Brickell for the court said: "The sentence of a c......
  • 21 Ala. 556 (Ala. 1852), Drane v. King
    • United States
    • Alabama Supreme Court of Alabama
    • Invalid date
    ...in error. WILLIAM COOPER, contra. DARGAN, C.J. 1. A judgment nisi, like a judgment final, must be for a sum certain. Dickerson v. Walker, 1 Ala. 48. But we entertain no doubt that the judgment nisi in the present case is sufficiently certain; it is for sixty-three dollars, the debt, and twe......
  • 37 Ala. 83 (Ala. 1860), Bonner v. Martin
    • United States
    • Alabama Supreme Court of Alabama
    • Invalid date
    ...36. The words found at the close of the judgment against the plaintiff's debtor, do not amount to a judgment at all.-- Dickerson v. Walker, 1 Ala. 48; Tombeckbe Bank v. Strong, 1 Stew. & P. 187; Draughn v. Tombeckbe Bank, 1 Stew. 66. If it be conceded, that a recital in the final judgme......
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6 cases
  • 21 Ala. 556 (Ala. 1852), Drane v. King
    • United States
    • Alabama Supreme Court of Alabama
    • Invalid date
    ...in error. WILLIAM COOPER, contra. DARGAN, C.J. 1. A judgment nisi, like a judgment final, must be for a sum certain. Dickerson v. Walker, 1 Ala. 48. But we entertain no doubt that the judgment nisi in the present case is sufficiently certain; it is for sixty-three dollars, the debt, and twe......
  • 37 Ala. 83 (Ala. 1860), Bonner v. Martin
    • United States
    • Alabama Supreme Court of Alabama
    • Invalid date
    ...36. The words found at the close of the judgment against the plaintiff's debtor, do not amount to a judgment at all.-- Dickerson v. Walker, 1 Ala. 48; Tombeckbe Bank v. Strong, 1 Stew. & P. 187; Draughn v. Tombeckbe Bank, 1 Stew. 66. If it be conceded, that a recital in the final judgme......
  • 16 Ala. 828 (Ala. 1849), Spence v. Simmons
    • United States
    • Alabama Supreme Court of Alabama
    • Invalid date
    ...jndgment, and cannot differ from the judgment on condition. The conditional judgment must be capable of confimation.--Dickinson v. Walker, 1 Ala. 48. Tested by these rules there is manifest error. The judgment ni si in this case does not show any recovery, or in whose favor it was intended ......
  • 69 Ala. 318 (Ala. 1881), Bradley v. State
    • United States
    • Alabama Supreme Court of Alabama
    • Invalid date
    ...inconsistent in its terms, incapable of safe execution according to the letter of its mandate, is not valid.-- Dickerson v. Walker, 1 Ala. 48; Speed v. Cocke, 57 Ala. 209. The sentence of a court in a criminal case, operating to deprive a citizen of liberty, condemning him to involuntary se......
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