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Legal Opinion

Austin v. Clark

Supreme Court of Alabama

Decided March 28, 1946No. 4 Div. 381PublishedCited by 11 opinions

1Opinion of the Court

LIVINGSTON, Justice.

W. L. Austin instituted suit by summons and complaint in the Circuit Court of Russell County, Alabama, against H. R. Mathews, sheriff of Russell County, to recover the sum of $2,200 as for money had and received.

Under and by virtue of the provisions of section 1179, Title 7, Code of 1940, Mathews made affidavit that one W. PI. Clark, not a party to the suit, without collusion with him, claimed the money in controversy, and deposited the money in court, and prayed an order that Clark be required, on notice, to come in and defend.

Clark appeared and interposed a claim to the…

2Cases cited9 opinions

  1. Sovereign Camp W. O. W. v. GunnSupreme Court of Alabama · 1932
  2. Mudge v. TreatSupreme Court of Alabama · 1876
  3. Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1915
  4. Alabama Fuel & Iron Co. v. DensonSupreme Court of Alabama · 1922
  5. Glass v. Meyer, Son & Co.Supreme Court of Alabama · 1899

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Westbrook v. GibbsSupreme Court of Alabama · 1970
  2. Riddle v. DoroughSupreme Court of Alabama · 1966
  3. City of Gadsden v. HeadSupreme Court of Alabama · 1983
  4. Flack-Beane Lumber Co. v. BassSupreme Court of Alabama · 1952
  5. Loper v. GanguetSupreme Court of Alabama · 1948

6 more not listed; retrieve them via the Exa API.

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