House v. West

• Decision Date: 13 November 1895
• Citation: 19 So. 913,108 Ala. 355
• Parties: HOUSE v. WEST. [1]
• Court: Alabama Supreme Court

19 So. 913

108 Ala. 355

HOUSE v. WEST. ^[1]

Supreme Court of Alabama

November 13, 1895

Appeal from city court of Birmingham; H. O. Shope, Judge.

Garnishee proceedings by R. L. West against E. H. Sholl, garnishee of J. J. House. A judgment was rendered against garnishee, from which N.E. House, claimant, appealed. His appeal was dismissed, and he again appeals. Affirmed.

Gregg &amp Thornton, for appellant.

COLEMAN J.

The appellee, West, recovered a judgment in the justice court against J. J. House. On this judgment E. H. Sholl was summoned as garnishee. The answer of the garnishee admitted indebtedness to become due for the board of his horse at the Tennessee Livery Stable, under an agreement with J. J. House agent, and stated and suggested Mrs. N.E. House as claimant of the debt. This appears in the answer of the garnishee, and is also entered in the minute of the proceedings on the docket of the justice of the peace. Judgment was rendered by the justice of the peace against the garnishee, on his answer, from which judgment the claimant, N.E. House appealed to the city court. When the cause came on to be heard in the city court, the claimant propounded her claim in writing, under the statute. After the evidence had closed upon motion of the plaintiff the court dismissed the appeal upon the ground that the claimant "had failed to propound her claim in writing verified by oath before the justice court, and upon the ground that no judgment had been rendered in the justice court from which an appeal would lie." The present appeal is prosecuted from the judgment of the city court.

The judgment in the justice court is not drawn with any formality, but, for the purpose of this appeal, we will regard it as sufficient to authorize its enforcement against the garnishee. The appeal to the city court was by the claimant, and not by the garnishee. The argument is that the claimant was never made a party to the cause in the justice court; that, although the garnishee suggested the claimant she was never notified, or at least did not propound her claim in writing. There is no entry on the justice docket to show that notice was served on the claimant to come in and propound her claim, or that she did in fact appear, or that an issue was made up and tried between the claimant and the plaintiff. It was the duty of the court, after notice by the garnishee that there was a claimant, to suspend proceedings against the garnishee, and cause a notice to issue to the claimant to appear and contest with the plaintiff the right to the debt. Code 1886, § 2984. The garnishee discharged the duty imposed upon him by statute in order to exempt himself from a double liability. From...