Supreme Court of Alabama December 15, 1883 (Avery & Sons v. Lockhard)

SOMERVILLE, J.

The established rule is, that in the absence of fraud, only such demands can be subjected by process of garnishment as the defendant, in his own name, could recover from the garnishee in an action of debt, or indebitatus assumpsit.—Henry v. Murphy & Co., 54 Ala. 246; 1 Brick. Dig. p. 175, § 315.

This test is, in our opinion, fatal to the contention made by the appellants.