Terry v. Hughes
| Decision Date | 09 January 1891 |
| Citation | 8 So. 686,93 Ala. 432 |
| Parties | TERRY ET AL. v. HUGHES ET AL. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Jefferson county; JAMES B. HEAD, Judge.
Action by the firm of R. J. Terry & Bro. against C. T. Hughes & Co. Plaintiffs appeal.
Lane & White, for appellants.
The action was commenced by summons and complaint by appellants against appellees, May 17, 1889. The plaintiffs sued out a writ of garnishment against R. J. Terry on the same day in aid of the pending suit. It being admitted that the garnishee was one of the plaintiffs, the court, on motion of defendants, quashed the garnishment, May 3, 1890. The suit is still pending. The appeal is taken from the judgment quashing the garnishment. There is no statute authorizing an appeal from such interlocutory order, and, no final judgment having been rendered, the appeal must be dismissed.
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Pleasant Valley Farms & Morey Condensory Co. v. Carl
...an interlocutory order quashing a writ of garnishment while the suit is still pending and before final judgment therein. See Terry v. Hughes. 93 Ala. 432, 8 So. 686; 3 par. 392. In view, however, of the decisions of this court as to the severable nature of the attachment from the main actio......
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Ex parte Headley, 6 Div. 921
... ... Davis v. McColloch, 191 Ala. 520, 67 So. 701; Terry & Bro. v. Hughes & Co., 93 Ala. 432, 8 So. 686 ... The answer, while it gives reasons for the action taken, does not answer the ... ...
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Davis v. McColloch
... ... "There can be no doubt that mandamus is a proper remedy, ... under our practice, in such a case as this." ... In the ... case of Terry & Bro. v. Hughes & Co., 93 Ala. 432, 8 ... So. 686, this court, in discussing an appeal from an order ... quashing a garnishment proceeding which ... ...