Grand Lodge United Brothers of Friendship and Sisters of Mysterious Ten v. Harrison

• Decision Date: 14 May 1912
• Parties: GRAND LODGE UNITED BROTHERS OF FRIENDSHIP AND SISTERS OF MYSTERIOUS TEN v. HARRISON.
• Court: Alabama Court of Appeals

59 So. 307

5 Ala.App. 373

GRAND LODGE UNITED BROTHERS OF FRIENDSHIP AND SISTERS OF MYSTERIOUS TEN v. HARRISON.

Court of Appeals of Alabama

May 14, 1912

Appeal from Circuit Court, Jefferson County; E. C. Crowe, Judge.

Action by L. H. Harrison against C. A. Howze, in which the Grand Lodge United Brothers of Friendship and Sisters of Mysterious Ten was garnishee. From a judgment charging the garnishee, it appeals. Reversed and remanded.

H. H. Goldstein, of Birmingham, for appellant.

C. B Powell, of Birmingham, for appellee.

PELHAM J.

This is an appeal from a judgment rendered against the Grand Lodge United Brothers of Friendship and Sisters of Mysterious Ten a corporation, as garnishee, in an ancillary proceeding instituted by the appellee as plaintiff on an original judgment recovered against C. A. Howze, to reach and subject money of the defendant owing to him by the garnishee. C. A Howze, the defendant in the original suit, against whom the plaintiff, L. H. Harrison (the appellee here), had recovered a judgment for $1,000, was at the time of the garnishment proceeding an officer of the garnishee company receiving a salary for his services of $600 per annum. The appellant, garnishee, made sworn answer to the writ, denying all indebtedness to the defendant, and alleging that the defendant was indebted to the garnishee, whereupon the plaintiff made a motion requiring the garnishee to answer orally. This motion was granted by the court, and the treasurer of the garnishee, one D. W. Daniels, the person who had sworn to the written answer previously filed, appeared and was examined orally in open court. The examination of the garnishee orally through its treasurer, Daniels, showed that Howze, the defendant in execution, was "grand master" of the garnishee corporation, drawing a salary of $600 per annum, or $50 per month, for his services, payable in June of each year by the grand lodge from the grand lodge department; that the money of the corporation was paid out by the treasurer on drafts drawn by the secretaries; that Daniels as treasurer had paid no drafts on Howze's salary for the year ending in June, 1911. The oral examination of garnishee, through its treasurer, Daniels, was had on June 3, 1911. On the examination of Daniels he stated that the books of the company showed that Howze had drawn his salary for the year and that he was in debt to the garnishee; but this statement was excluded by the court on motion of the plaintiff. The garnishee asked that the examination be continued until Saturday of that week (June 10th), to allow it to produce the books and records of the company; but this request was refused by the court, and judgment was entered against the garnishee on its answer for $600.

The answer of the garnishee must afford a distinct admission by him of a legal debt due or to become due by him to the defendant in the original suit to...