Garrison v. First Nat. Bank

• Decision Date: 13 June 1935
• Docket Number: 6 Div. 719
• Parties: GARRISON v. FIRST NAT. BANK OF BIRMINGHAM.
• Court: Alabama Supreme Court

163 So. 624

231 Ala. 71

GARRISON v. FIRST NAT. BANK OF BIRMINGHAM.

6 Div. 719

Supreme Court of Alabama

June 13, 1935

Rehearing Denied Oct. 17, 1935

Appeal from Circuit Court, Jefferson County; Roger W. Snyder, Judge.

Suit by Robert C. Garrison against Charles W. Greer, with garnishment in aid of suit directed to the First National Bank of Birmingham. From a judgment quashing contest of garnishee's answer and discharging the garnishee plaintiff appeals.

Reversed and remanded.

J.L Drennen and Fred G. Koenig, both of Birmingham, for appellant.

Horace C. Wilkinson, of Birmingham, for appellee.

ANDERSON Chief Justice.

The answer of the garnishee is somewhat confusing as to an indebtedness to the defendant, C.W. Greer. It sets up a joint deposit by Greer and his wife with the authority to either one to draw on the deposit. The answer also has the following recital: "Garnishee further says that it has been notified that Mrs. Charles W.

Greer claims title to or an interest in the said deposit of money reference to which is set forth above, and suggests the said Mrs. Charles W. Greer as a claimant of said funds."

The clerk, acting upon the above-quoted clause, issued on July 26, 1934, notice to Mrs. Greer to appear and propound her claim. This notice was served upon Mrs. Greer July 30, 1934.

On October 30, 1934, Mrs. Greer interposed the following claim: "Comes Mrs. Charles W. Greer as claimant, in the above styled cause and says that she has no right to the money or property in the hands of the garnishee for herself alone, but that she is a joint tenant of the money on deposit with the garnishee, together with Charles W. Greer."

It further appears on page 18 of the record that the claim of Mrs. Greer was withdrawn on November 15, 1934.

Just what steps the parties should have then taken we are not called upon to decide, and can only deal with the issue as made and presented upon this appeal.

It appears that on August 4, 1934, the plaintiff interposed a contest to the answer of the garnishee and issue was joined on said contest August 15, 1934. The contest was then set down for hearing upon motion of the garnishee. On November 22d the garnishee filed a motion to quash the contest upon grounds set out in the motion, and the trial court sustained said motion and discharged the garnishee.

While the motion to quash the contest contains several paragraphs, each one seems to be predicated upon the insufficiency of the affidavit of contest.

Section 8076 provides for a contest by the plaintiff of the answer by making oath by the plaintiff or his attorney, at the term the answer is made, that "he believes it to be untrue." Thereupon an issue is made up, under the direction of the court, in which the plaintiff must allege...