Langworthy v. Goodall, McLester & Co.
Supreme Court of Alabama
Appear from the Circuit Court of Blount. Tried before the Hon. Leroy F. Bos. The record in this case shows that, on the 16th November, 1883, an execution was issued on a judgment of said Circuit Court in favor of Goodall, MeLester & Co., suing as partners, against J. M. Wooten, for $263.23, and was levied by the sheriff on the 19th January, 1884, on a parlor organ, described as a “ Wilcox & White organthat a claim to the organ was interposed by C. W. Langworthy, who made the…
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Appear from the Circuit Court of Blount. Tried before the Hon. Leroy F. Bos. The record in this case shows that, on the 16th November, 1883, an execution was issued on a judgment of said Circuit Court in favor of Goodall, MeLester & Co., suing as partners, against J. M. Wooten, for $263.23, and was levied by the sheriff on the 19th January, 1884, on a parlor organ, described as a “ Wilcox & White organthat a claim to the organ was interposed by C. W. Langworthy, who made the statutory affidavit, and gave bond, conditioned that he “have the said property forthcoming for the satisfaction of the…
1Opinion of the CourtSomebyille, J.
— The judgment is manifestly erroneous. When an execution is levied upon personal property claimed by a stranger, and such property is restored to the claimant, upon his making affidavit that he has a just claim to it, the bond which he is required by the statute to execute is conditioned “to have the property forthcoming for the satisfaction of the judgment, if it be found liable therefor,” and for the payment of costs, and damages for delay.' — Code, 1876, §3341. The judgment against the claimant, therefore, in the first instance, must be one of condemnation of the property, declaring it…
2Cases cited2 opinions
- Singleton, Hunt & Co. v. ThomasSupreme Court of Alabama · 1882
- Fryer v. DennisSupreme Court of Alabama · 1841
3Cited by9 opinions
- Sorrell v. ScheuerSupreme Court of Alabama · 1923
- Springer v. SullivanSupreme Court of Alabama · 1928
- Steen v. SwadleySupreme Court of Alabama · 1899
- Wollner & Lowenstein v. Lehman, Durr & Co.Supreme Court of Alabama · 1887
- Rodgers v. RickettsSupreme Court of Alabama · 1920
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