The Montgomery advertiser., 1903-04-03
CURTIS V. PARKER & co. !

CURTIS V. PARKER & co.
 Garnishment in Aid of Pending suit
 Appeal from the Circuit court Q | l. Garnishment amendment of grounds Of contest: error without Jury:-In' | grounds of contest of a garnisnee an | swer may be amended; but error. IT any | in declining to allow an amendment is without injury where the amenomen | sets up the same grounds as were em' braced in a former contest, on which is- sue had been joined.
 2. Jividence; production or DOCKS, CT TOT without injury ry.-Error. if any. in re- fusing to require garnishee 10 prouuce his books in court. is without injury where the garnishee subsequently pro- duces the books in evidence Voluntarily' g. Same. relevancy: summons and com
 piaint: affidavit, bond.-on trlal or con test of a garnishees answer, the sum mons and complaint In the cause, ana tne affidavit and bond for garnishmene arc not relevant or admissible. evidence
 1. Same; hearsay.-On the trial or contest of garnIshees answer. evidence that defendants secretary snoWed wI.- ness his pass book from sarnlsnees' showing a certain credit to hlm, IS near say.
 D. Same.-On the trial of contest of garnishee's answer. evidence as 70 state ments by defendants secretary ana Nice- president as to whose money garnlshee had. is, as against garnishee, hearsay.
 6. Garnishment: evidence: payments py garnishees on defendants check.-on me trial of a contest of a garnishee answer. evidence is irrelevant and illegal that on the day of the garnishment another cred ltor of defendant, having a cneck oraWn by defendant on garnshee bank, present ed 1t to the bank for payment, ana us payment was refused on the grounds that the funds had been garnished, and witness was told by garnishee that he would have to wait until the matter was fixed; that he left the check with gar nishee, and went back afterwards ana got part of his money.
 2. Corporation; estoppel to deny exlst- ence of.-One of the incorporators Of corporation. who has had dealings wlth 1t as a corporation fs estopped 10 deny it's corporate existence.
 S. Same; evidence; proceedings for or ganization of corporation. the. trial Of a contest of a garnishee's answer, where plaintiff had offered in evidence part of the proceedings for the organiza' ton of a corporation. 1t is permissible for garnishee to offer tho whole proceed ings in evidence.
 2. Deposition, when admissibIe.-A de- position which has been taken and is on file. may he offered in part or as a whole. bv either party.
 10. Evidence; objections: evidence elic- tied by objecting party.-Where an an swer is responsive to question. the par ty propOunding the question cannot op- ject to the answer.
 H. Evidence; best evidence: judgment; collateral matters.-The production Of the record of a judgment is not necessary, where such judgment Is an incidental or matter only.
 12. Same; refusal of garnishee to pay out money until indemnihed.-On the trial of a contest of Rarnshee an- swer, evidence is irrelevant that gar nishee's refused to pay out moneys in their hands after garnishment, or before, until indemnitied.
 l3 Same; evidence as to plaintiff claim Ing funds garnished.-On the trial of a contest of a garnishees answer evidence is irrelevant and does not tend to fix garnishee's liability, to the effect that be- fore the garnishment writ was served garnishees were informed by plalntin that he claimed or would claim the funds
 14. Debtor and creditor; when relation exists; banks; deposlts.--Where one makes a general deposit with bank of money for the use of another, with instructions to such other to apply the funds so deposited for the use and ben eft of the principal or depositor. the re- lation of debtor and creditor is created between such depositor and the bank.
 l5. Contest of answer of garnishee; burden of proof.-On the contest of a garnishee's answer by plaintiff, the burden is on the plaintiff to show that there was a debt due from the garnishee maintain an action of debt or indebitatus assumpsit against the garnishee. Affirmed. Opinion by Haralson, J. UNITED STATES SAVINGS AND LOAN
 COMPANY V. BECKLEY Bill in Equity to Cancel Mortgage for
 Usury.-Appeal from the City Court
 of Birmingham.
 1. Contracts; place of performance: usury;-Where a contract is made in one State to be performed in another. the parties may contract for the payment