Skewes v. Tennessee Coal, Iron & Railroad Co.

• Decision Date: 31 January 1900
• Citation: 124 Ala. 629,27 So. 435
• Court: Alabama Supreme Court
• Parties: SKEWES v. TENNESSEE COAL, IRON & RAILROAD CO.

27 So. 435

124 Ala. 629

SKEWES v. TENNESSEE COAL, IRON & RAILROAD CO.

Supreme Court of Alabama

January 31, 1900

Appeal from circuit court, Jefferson county; James J. Banks, Judge.

Action by C. C. Skewes against W. H. Harney. Judgment for plaintiff. The Tennessee Coal, Iron & Railroad Company was garnished. From a judgment in favor of garnishee, plaintiff appeals. Affirmed.

C. C Skewes, the appellant, recovered a judgment against W. H Harney. Upon this judgment a writ of garnishment was issued and served on the Tennessee Coal, Iron & Railroad Company. The garnishee answered, denying the indebtedness to the defendant, which answer was contested by the complainant. The issue presented on the contest of the garnishee's answer was filed on an agreed statement of facts, which was substantially as follows: That the garnishee, the said Tennessee Coal, Iron & Railroad Company, had in its possession or under its control, when the writ of garnishment was served on it, as issued from the justice court and served, and at the time of making its answer thereto, and still has, the sum of $58.50, which was earned by the said judgment debtor, defendant W. H. Harney, in said cause, or rather by others working for him in doing sanitary work in cleaning the closets or privies of the employés of the said garnishee, the Tennessee Coal, Iron & Railroad Company, at their respective dwelling houses in the city of Bessemer Ala., which work was done in pursuance of the resolution of the mayor and board of aldermen hereafter set forth. That said garnishee collected said sum from its said employés for said work so done by said Harney, defendant. That J. A Estes, attorney for the plaintiff in this cause, prior to the time of the service of the writ of garnishment in this cause gave the said garnishee notice of the proceedings of the mayor and board of aldermen of the city of Bessemer as hereinafter set forth, and that the money collected by it for the said sanitary work done by said Harney was the property of said Harney. That Harney paid the said city for the job, instead of the city paying Harney for doing the work; and that, if it paid the money becoming due Harney for said work to any one after the service of a writ of garnishment upon it seeking to reach and subject money or effects of said Harney to the payment of his debts, it would do so at its peril. Evidence introduced in connection with above agreed state of facts was as follows: T. C. Ford was introduced as a witness, and testified as follows: That said garnishee had been, prior to the time of the service of the writ of garnishment in this cause, collecting from its said employés for said sanitary work as it was done each month, and paid same to J. M. Crook, except that sometimes it paid it to Mr. Huey, who was the clerk and treasurer of the said city of Bessemer. In connection with the aforesaid agreed statement of facts and the evidence, there was introduced in evidence a resolution which was adopted by the mayor and board of aldermen of the city of Bessemer, September 28, 1897. This resolution was as follows: "Resolved, that the board award to W. H. Harney the contract for the entire sanitary work of the city for two years under the following conditions: (1) That said Harney be required to pay into the city treasury $25.00 on the 1st day of each month as a consideration for this contract. (2) That said...