Ex parte Barnes
Supreme Court of Alabama
Tliis was an application to the Supreme Court by Augustus Barnes, administrator of J. B. Barnett, for a writ of mandamus to the.Hon. J. M. Carmichael, presiding judge of the Circuit Court of Lee county, commanding him to set aside and vacate a certain order made by him in a cause pending in said Circuit Court, as fully appears in the opinion of the Supreme Court. No exemption can be claimed against the landlord’s lien for rent.
Read the full summary
Tliis was an application to the Supreme Court by Augustus Barnes, administrator of J. B. Barnett, for a writ of mandamus to the.Hon. J. M. Carmichael, presiding judge of the Circuit Court of Lee county, commanding him to set aside and vacate a certain order made by him in a cause pending in said Circuit Court, as fully appears in the opinion of the Supreme Court. No exemption can be claimed against the landlord’s lien for rent. The attachment for rent is given as a remedy in lieu of the common law distress for rent. — Seaife v. Stovall, 67 Ala. 237; 60 Ala. 537; 6 Ala. 620. The attachment…
1Opinion of the CourtStone, C. J.
The act “to give to landlords of storehouses',” &c. “a lien on the goods of their tenants for rent,” was approved February 23, 1883. — Sess. Acts 175; Code of 1886, §§ 3069, et seq. The most important inquiry in this case is, whether that act is violative of Art. 10, sec. 1, of the constitution of 1875, which exempts from levy and sale for the payment of debts personal property of every resident of this State, of the value of one thousand dollars.
The facts of this case, as shown in the petition and transcript, are, that Lazarus was a merchant, engaged in business, and having a stock of drugs,…
2Cases cited16 opinions
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Knighton v. CurrySupreme Court of Alabama · 1878
- Longstreth v. PennockSupreme Court of the United States · 1875
- Booker v. JonesSupreme Court of Alabama · 1876
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Ex parte Tower Manufacturing Co.Supreme Court of Alabama · 1893
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Wilson v. DuncanSupreme Court of Alabama · 1896
- Abraham v. NicrosiSupreme Court of Alabama · 1888
- Woodward Iron Co. v. DeanSupreme Court of Alabama · 1928
14 more not listed; retrieve them via the Exa API.