Legal Opinion

Richards v. Bestor

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 9 opinions

Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe.

1Opinion of the Court

OLOPTON, J.-

This suit was commenced by attachment sued out under sections 3069-3073 of the Code, to enforce a landlord’s lien for rent of a store-house. A portion of the goods levied on having been claimed by a third person, defendants objected to proceeding with the trial, until the question of the right of property was settled. Goods had been levied on to which no claim had been interposed. The statute declares : “No judgment can be rendered against the defendantin attachment, when a claim has been interposed to try the right-of property, until that question is settled; unless other prop*353erty…

2Cases cited4 opinions

  1. Dryer v. LewisSupreme Court of Alabama · 1877
  2. Johnson v. DurnerSupreme Court of Alabama · 1889
  3. Lecroy v. WigginsSupreme Court of Alabama · 1857
  4. Tommey, Gregg & Beck v. Gamble & SonSupreme Court of Alabama · 1880

3Cited by9 opinions

  1. 379 Madison Avenue Inc. v. Stuyvesant Co.Appellate Division of the Supreme Court of the State of New York · 1934
  2. Johnston v. JohnstonSupreme Court of Alabama · 1912
  3. Anderson v. StateAlabama Court of Appeals · 1950
  4. Espalla v. Richard & SonsSupreme Court of Alabama · 1891
  5. Cooper v. OwenSupreme Court of Alabama · 1935

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