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ALABAMA POWER CO. v. EMIGH

81-433.

429 So.2d 952 (1983)

ALABAMA POWER COMPANY v. Phoebie R. EMIGH.

Supreme Court of Alabama.

Rehearing Denied April 1, 1983.

Attorney(s) appearing for the Case

James H. Miller, III, Balch, Bingham, Baker, Hawthorne, Williams & Ward, Birmingham, and Ralph D. Porch of Merrill, Porch, Doster & Dillon, Anniston, for appellant.

G. Coke Williams of Williams, Williams & Norton, Anniston, for appellee.

BEATTY, Justice.

Alabama Power Company (APCo) appeals from a judgment based upon a jury verdict rendered against it in an action of wrongful garnishment. We reverse and remand.

The case originated from a small claims complaint filed by APCo in Calhoun County to recover $210.04 from Phoebie R. Emigh for electric power service which she used. She filed her answer in court admitting the allegations of the complaint, consenting to a judgment, and stating: "I will...

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